[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2617 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
December 22, 2022.
Resolved, That the bill from the House of Representatives (H.R.
2617) entitled ``An Act to amend section 1115 of title 31, United
States Code, to amend the description of how performance goals are
achieved, and for other purposes.'', do pass with the following
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the House
in Senate amendment 4, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2023''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
Title I--National Cybersecurity Protection System Authorization
Extension
Title II--NDAA Technical Corrections
Title III--Immigration Extensions
Title IV--Environment and Public Works Matters
Title V--Safety Enhancements
Title VI--Extension of Temporary Order for Fentanyl-Related Substances
Title VII--Federal Trade Commission Oversight of Horseracing Integrity
and Safety Authority
Title VIII--United States Parole Commission Extension
Title IX--Extension of FCC Auction Authority
Title X--Budgetary Effects
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
DIVISION Q--AVIATION RELATED MATTERS
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
DIVISION S--OCEANS RELATED MATTERS
DIVISION T--SECURE 2.0 ACT OF 2022
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
DIVISION V--STRONG VETERANS ACT OF 2022
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
DIVISION Y--CONTRACT ACT OF 2022
DIVISION Z--COVS ACT
DIVISION AA--FINANCIAL SERVICES MATTERS
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
DIVISION CC--WATER RELATED MATTERS
DIVISION DD--PUBLIC LAND MANAGEMENT
DIVISION EE--POST OFFICE DESIGNATIONS
DIVISION FF--HEALTH AND HUMAN SERVICES
DIVISION GG--MERGER FILING FEE MODERNIZATION
DIVISION HH--AGRICULTURE
DIVISION II--PREGNANT WORKERS
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
Division LL--State, Local, Tribal, and Territorial Fiscal Recovery,
Infrastructure, and Disaster Relief Flexibility
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the Senate
section of the Congressional Record on or about December 19, 2022, and
submitted by the chair of the Committee on Appropriations of the
Senate, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2023.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2023.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $65,067,000
of which not to exceed $7,432,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,396,000 shall be available
for the Office of Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations, of which $1,000,000 shall
be to establish a Tribal Public Health Resource Center at a land grant
university with existing indigenous public health expertise to expand
current partnerships and collaborative efforts with indigenous groups,
including but not limited to, tribal organizations and institutions
such as tribal colleges, tribal technical colleges, tribal community
colleges and tribal universities, to improve the delivery of culturally
appropriate public health services and functions in American Indian
communities focusing on indigenous food sovereignty; not to exceed
$9,280,000 shall be available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not
to exceed $28,422,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $26,716,000 shall be
available for Departmental Administration to provide for necessary
expenses for management support services to offices of the Department
and for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $8,738,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs shall be transferred to
agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further, That
during any 30 day notification period referenced in section 716 of this
Act, the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this Act
or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$28,181,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That of
the amounts made available under this heading, $500,000 shall be
available to carry out section 224 of subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $92,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,466,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $40,581,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $7,581,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $111,561,000, including such sums
as may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $2,384,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading,
$1,000,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$92,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $211,076,000, of which up to $66,413,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,744,279,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $74,297,000 to
remain available until expended, of which $56,697,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,094,121,000 which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, grants management
systems, tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural sciences for
Alaska Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2024: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $565,410,000 which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890 institutions shall
remain available until expended: Provided further, That institutions
eligible to receive funds under 7 U.S.C. 3221 for cooperative extension
receive no less than $1,000,000: Provided further, That funds for
cooperative extension under sections 3(b) and (c) of the Smith-Lever
Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $41,500,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2024: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,617,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,171,071,000 of which up to $9,552,000 shall be for the purposes, and
in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act); of which $514,000, to remain
available until expended, shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $15,450,000, to remain
available until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for active
eradication zones; of which $39,183,000, to remain available until
expended, shall be for Animal Health Technical Services; of which
$4,096,000 shall be for activities under the authority of the Horse
Protection Act of 1970, as amended (15 U.S.C. 1831); of which
$64,930,000, to remain available until expended, shall be used to
support avian health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure; of which
$216,117,000, to remain available until expended, shall be for
specialty crop pests, of which $8,500,000, to remain available until
September 30, 2024, shall be for one-time control and management and
associated activities directly related to the multiple-agency response
to citrus greening; of which, $14,986,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests; of
which $21,567,000, to remain available until expended, shall be for
zoonotic disease management; of which $44,067,000, to remain available
until expended, shall be for emergency preparedness and response; of
which $62,562,000, to remain available until expended, shall be for
tree and wood pests; of which $6,500,000, to remain available until
expended, shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts available under
this heading for wildlife services methods development, $1,000,000
shall remain available until expended: Provided further, That of
amounts available under this heading for the screwworm program,
$4,990,000 shall remain available until expended; of which $24,527,000,
to remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided further,
That no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the purchase,
replacement, operation, and maintenance of aircraft: Provided further,
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316)
and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and
7772), and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2023, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the purposes
of section 12306 of Public Law 113-79, and of which $1,000,000 shall be
available for the purposes of section 779 of division A of Public Law
117-103: Provided, That of the amounts made available under this
heading, $25,000,000, to remain available until expended, shall be to
carry out section 12513 of Public Law 115-334, of which $23,000,000
shall be for dairy business innovation initiatives established in
Public Law 116-6 and the Secretary shall take measures to ensure an
equal distribution of funds between these three regional innovation
initiatives: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701), except
for the cost of activities relating to the development or maintenance
of grain standards under the United States Grain Standards Act, 7
U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $1,117,000: Provided, That funds made available by this
Act to an agency in the Food Safety mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,158,266,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2023 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $1,727,000: Provided, That funds
made available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $248,684,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,215,307,000,
of which not less than $15,000,000 shall be for the hiring of new
employees to fill vacancies and anticipated vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2024: Provided, That not more than 50 percent of
the funding made available under this heading for information
technology related to farm program delivery may be obligated until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2023 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That of the amount appropriated under
this heading, $696,594,000 shall be made available to county
committees, to remain available until expended: Provided further,
That, notwithstanding the preceding proviso, any funds made available
to county committees in the current fiscal year that the Administrator
of the Farm Service Agency deems to exceed or not meet the amount
needed for the county committees may be transferred to or from the Farm
Service Agency for necessary expenses: Provided further, That none of
the funds available to the Farm Service Agency shall be used to close
Farm Service Agency county offices: Provided further, That none of the
funds available to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an office with two
or fewer employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $7,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments
to geographically disadvantaged farmers and ranchers under section 1621
of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
$4,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans and
$1,633,333,000 for direct operating loans; emergency loans, $4,062,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $61,426,000;
Indian highly fractionated land loans, $5,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $249,000 for emergency
loans, to remain available until expended; and $23,520,000 for direct
farm operating loans, $11,228,000 for unsubsidized guaranteed farm
operating loans, $10,983,000 for the relending program, and $894,000
for Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $326,461,000: Provided, That of
this amount, $305,803,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $66,870,000:
Provided, That $1,000,000 of the amount appropriated under this heading
in this Act shall be available for compliance and integrity activities
required under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$941,124,000, to remain available until September 30, 2024, of which up
to $22,973,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for construction and
improvement of buildings and public improvements at plant materials
centers, except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is obtained as
provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $75,000,000, to remain available
until expended, of which up to $20,591,000 shall be for the purposes,
and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That for funds
provided by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two hundred and
fifty thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures):
Provided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities that
can commence promptly following enactment; that address regional
priorities for flood prevention, agricultural water management,
inefficient irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under the
authorities of section 13 of the Flood Control Act of December 22, 1944
(Public Law 78-534) with a primary purpose of watershed protection by
preventing floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment transport:
Provided further, That of the amounts made available under this
heading, $10,000,000 shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $2,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests Reserve
Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6571-6578), $7,000,000, to remain available until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923),
as added by section 12302 of Public Law 115-334, $8,500,000.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business: Provided further, That the Secretary shall
notify the Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any emergency
funds from the Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $1,620,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $351,087,000: Provided,
That of the amount made available under this heading, up to $5,000,000,
to remain available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture, and may
be transferred to other agencies of the Department for such purpose,
consistent with the missions and authorities of such agencies:
Provided further, That of the amount made available under this heading,
no less than $135,000,000, to remain available until expended, shall be
used for information technology expenses: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes authorized by
section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,250,000,000 shall be for direct loans, $7,500,000 shall be
for a Single Family Housing Relending demonstration program for Native
American Tribes, and $30,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair loans;
$70,000,000 for section 515 rental housing; $400,000,000 for section
538 guaranteed multi-family housing loans; $10,000,000 for credit sales
of single family housing acquired property; $5,000,000 for section 523
self-help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $46,375,000 shall be for
direct loans; Single Family Housing Relending demonstration program for
Native American Tribes, $2,468,000; section 504 housing repair loans,
$2,324,000; section 523 self-help housing land development loans,
$267,000; section 524 site development loans, $208,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$13,377,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under this
paragraph for section 502 direct loans, no less than $5,000,000 shall
be available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2023: Provided further, That the Secretary shall implement provisions
to provide incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing Service
(RHS) multifamily housing properties by such nonprofit organizations
and public housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as determined
by the Secretary, with such incentives to include, but not be limited
to, the following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own resources to
include proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates and
terms, invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to as ``Asset
Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $36,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: Provided, That the
Secretary shall, as part of the preservation and revitalization
agreement, obtain a restrictive use agreement consistent with the terms
of the restructuring.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $14,084,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be paid to the
appropriation for ``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,487,926,000, and in addition such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That upon request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2023 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2023 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, $48,000,000, to remain available until expended:
Provided, That the funds made available under this heading shall be
available for rural housing vouchers to any low-income household
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further, That
the amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers
shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That in addition to any other available
funds, the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $48,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$341,490,328, to remain available until expended, of which up to
$325,490,328 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That any unobligated balances from prior year appropriations
under this heading for the cost of direct loans, loan guarantees and
grants, including amounts deobligated or cancelled, may be made
available to cover the subsidy costs for direct loans and or loan
guarantees under this heading in this fiscal year: Provided further,
That no amounts may be made available pursuant to the preceding proviso
from amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, or that were
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division A of Public Law 117-103 described in section 4 in the matter
preceding such division A: Provided further, That $10,000,000 of the
amount appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $86,520,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated under
this heading, $2,000,000 shall be for the Rural Innovation Stronger
Economy Grant Program (7 U.S.C. 2008w): Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $3,313,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$331,000 shall be available through June 30, 2023, for Federally
Recognized Native American Tribes; and of which $663,000 shall be
available through June 30, 2023, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$75,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $15,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $28,300,000, of which $3,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by section
379E of the Consolidated Farm and Rural Development Act (7 U.S.C.
2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $20,000,000.
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $18,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary
to support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-
income communities, $3,000,000, to remain available until expended:
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $1,420,000,000 for direct loans; and $50,000,000 for
guaranteed loans.
For the cost of loan guarantees and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, for rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$596,404,000, to remain available until expended, of which not to
exceed $1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not to
exceed $5,000,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall be for
grants authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by section
306A(i)(1) of such Act: Provided further, That $70,000,000 of the
amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $21,180,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 of the amounts made available under this
heading shall be for solid waste management grants: Provided further,
That not to exceed $2,724,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate for water
and waste direct one percent loans for distressed communities:
Provided further, That if the Secretary determines that any portion of
the amount made available for one percent loans is not needed for such
loans, the Secretary may use such amounts for grants authorized by
section 306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the direct loan
subsidy costs remain unobligated after July 31, 2024, such unobligated
balances may be used for grant programs funded under this heading:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as authorized by
sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, 940c-1, and 940g) shall be made as
follows: guaranteed rural electric loans made pursuant to section 306
of that Act, $2,167,000,000; cost of money direct loans made pursuant
to sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act, $4,333,000,000;
guaranteed underwriting loans pursuant to section 313A of that Act,
$900,000,000; and for cost-of-money rural telecommunications loans made
pursuant to section 305(d)(2) of that Act, $690,000,000: Provided,
That up to $2,000,000,000 shall be used for the construction,
acquisition, design, engineering or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures
supported by the funding in this paragraph shall contribute in a
demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be paid
to the appropriation for ``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000, to remain
available until expended, of which up to $4,991,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
$3,000,000 shall be made available for grants authorized by section
379G of the Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants under
section 379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections 601 and
602 of the Rural Electrification Act, $3,000,000, to remain available
until expended: Provided, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of 1974.
For the cost to continue a broadband loan and grant pilot program
established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$363,512,317, to remain available until expended, of which up to
$15,512,317 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such
pilot program: Provided further, That the cost of direct loans shall
be defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot program
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as twenty-five
megabits per second downstream and three megabits per second upstream:
Provided further, That to the extent possible, projects receiving funds
provided under the pilot program must build out service to at least one
hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or grant is
made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband service in a service area by any
entity that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access to
broadband at the minimum service threshold: Provided further, That not
more than four percent of the funds made available in this paragraph
can be used for administrative costs to carry out the pilot program and
up to three percent of funds made available in this paragraph may be
available for technical assistance and pre-development planning
activities to support the most rural communities: Provided further,
That the Rural Utilities Service is directed to expedite program
delivery methods that would implement this paragraph: Provided
further, That for purposes of this paragraph, the Secretary shall
adhere to the notice, reporting and service area assessment
requirements set forth in section 701 of the Rural Electrification Act
(7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $1,376,000: Provided, That
funds made available by this Act to an agency in the Food, Nutrition
and Consumer Services mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $28,545,432,000 to remain available through September 30,
2024, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $20,162,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $14,000,000 shall remain
available until expended to carry out section 18(g) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided
further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total
grant amount provided to a farm to school grant recipient in fiscal
year 2023 shall not exceed $500,000: Provided further, That of the
total amount available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $40,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That of the total amount
available, $2,000,000 shall remain available until expended to carry
out activities authorized under subsections (a)(2) and (e)(2) of
section 21 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further, That of the total
amount available, $3,000,000 shall be available until September 30,
2024 to carry out section 23 of the Child Nutrition Act of 1966 (42
U.S.C. 1793), of which $1,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, and
American Samoa: Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in
the first sentence by striking ``2010 through 2023'' and inserting
``2010 through 2024'': Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year 2022'' and
inserting ``For fiscal year 2023'': Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(4)) is amended in the first sentence by striking ``For fiscal
year 2022'' and inserting ``For fiscal year 2023''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That the Secretary shall use
funds made available under this heading to increase the amount of a
cash-value voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering and
Medicine and adjusted for inflation: Provided further, That none of
the funds provided in this account shall be available for the purchase
of infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available
for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement
at 7 CFR 246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which
$3,000,000,000, to remain available through September 30, 2025, shall
be placed in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That of the funds made
available under this heading, $3,000,000, to remain available until
September 30, 2024, shall be used to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2024: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2024: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $457,710,000, to
remain available through September 30, 2024: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2023 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2024: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$189,348,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $237,330,000, of which no more than 6 percent shall
remain available until September 30, 2024, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,750,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $243,331,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $24,300,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, which shall be transferred
to and merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$6,562,793,000: Provided, That of the amount provided under this
heading, $1,310,319,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $324,777,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$582,500,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $41,600,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $32,144,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $29,303,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2023, including
any such fees collected prior to fiscal year 2023 but credited for
fiscal year 2023, shall be subject to the fiscal year 2023 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2023 of user fees specified under this heading and authorized for
fiscal year 2024, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2024 for which the Secretary
accepts payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,196,097,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $2,289,290,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $10,000,000
shall be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $489,594,000 shall be for
the Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $287,339,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $736,359,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $76,919,000
shall be for the National Center for Toxicological Research; (7)
$677,165,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$214,082,000 shall be for Rent and Related activities, of which
$55,893,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $236,166,000 shall
be for payments to the General Services Administration for rent; and
(10) $359,782,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Food Policy and
Response, the Office of Operations, the Office of the Chief Scientist,
and central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds
pursuant to, and for the administration of, section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other activities and
shall not exceed $2,000,000: Provided further, That of the amounts
that are made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for ``Department of
Health and Human Services--Office of Inspector General'' for oversight
of the programs and operations of the Food and Drug Administration and
shall be in addition to funds otherwise made available for oversight of
the Food and Drug Administration: Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees
relating to over-the-counter monograph drugs authorized by 21 U.S.C.
379j-72 shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $12,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $50,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2023 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of property, plant and equipment and for the improvement,
delivery, and implementation of Department financial, and
administrative information technology services, and other support
systems necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until expended:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer, co-
located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the National Finance
Center Information Technology Services Division personnel and data
center management responsibilities, and control of any functions,
missions, and systems for current and future human resources management
and integrated personnel and payroll systems (PPS) and functions
provided by the Chief Financial Officer and the Chief Information
Officer shall remain in the National Finance Center and under the
management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture
and the offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow the
National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial, administrative,
and information technology services, and other systems of the National
Finance Center or to pay any unforeseen, extraordinary cost of the
National Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the Secretary submits
written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2024, for
information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,483,309,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of section 32 Commodity Purchases--$37,178,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2023, such
unobligated balances shall carryover into fiscal year 2024 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or transfer
of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with ten or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture or the Secretary of
Health and Human Services receives from the Committee on Appropriations
of both Houses of Congress written or electronic mail confirmation of
receipt of the notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be used to
transmit or otherwise make available reports, questions, or responses
to questions that are a result of information requested for the
appropriations hearing process to any non-Department of Agriculture,
non-Department of Health and Human Services, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations of both
Houses of Congress a detailed spending plan by program, project, and
activity for all the funds made available under this Act including
appropriated user fees, as defined in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 722. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of property, plant
and equipment, including equipment for the improvement, delivery, and
implementation of Departmental financial management, information
technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 729. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $315,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 730. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act, 21
U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et
seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
the cost of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services provided on
Federal holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay under section
1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135
Stat. 242): Provided further, That sums received by the Secretary
under this paragraph shall, in addition to other available funds,
remain available until expended to the Secretary without further
appropriation for the purpose of funding all costs associated with FSIS
inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 732. In this fiscal year and thereafter, and notwithstanding
any other provision of law, none of the funds made available by this
Act may be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 733. In this fiscal year and thereafter, and notwithstanding
any other provision of law, none of the funds made available by this
Act may be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the Animal
Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class
B dealers who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants under the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Business-Cooperative Service--Rural
Microentrepreneur Assistance Program''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent feasible,
at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits, any
county seat of such a persistent poverty county that has a population
that does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the Agricultural
Act of 2014 or subtitle G of the Agricultural Marketing Act of
1946, within or outside the State in which the hemp is grown or
cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 746. There is hereby appropriated $4,000,000, to carry out
section 4208 of Public Law 115-334, including for project locations in
additional regions.
Sec. 747. There is hereby appropriated $4,000,000 to carry out
section 12301 of Public Law 115-334, Farming Opportunities Training and
Outreach.
Sec. 748. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 749. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year and thereafter, and notwithstanding
any other provision of law, ARS facilities as described in the
``Memorandum of Understanding Between the U.S. Department of
Agriculture Animal and Plant Health Inspection Service (APHIS) and the
U.S. Department of Agriculture Agricultural Research Service (ARS)
Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal Welfare Act
and its regulations and standards.
Sec. 751. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food authority
that had a negative balance in the nonprofit school food service
account as of June 30, 2022, shall be required to establish a price for
paid lunches in accordance with section 12(p) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 754. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture for
purposes of making such grants.
Sec. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 756. Hereafter, none of the funds made available by this Act
or any other Act, may be used to pay the salaries or expenses of
personnel to implement any activities related to the permitting of non-
recording of observed violations of the Animal Welfare Act or its
regulations on official inspection reports.
Sec. 757. For necessary expenses associated with cotton classing
activities pursuant to 7 U.S.C. 55, to include equipment and facility
upgrades, and in addition to any other funds made available for this
purpose, there is appropriated $4,000,000, to remain available until
September 30, 2024: Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Sec. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 759. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act or any other Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out pursuant
to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture may, for purposes of
determining entities eligible to receive assistance, consider those
communities which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the heading
``Distance Learning, Telemedicine, and Broadband Program'' for the
purposes of the pilot program established by section 779 of Public Law
115-141 may be used for this purpose.
Sec. 761. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 762. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 763. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than September 30, 2023, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law 115-
334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
Sec. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior to the
effective date of the National Bioengineered Food Disclosure Standard
(February 19, 2019) shall include the words ``genetically engineered''
prior to the existing acceptable market name.
Sec. 766. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $5,000,000, which
shall remain available until expended, for necessary expenses, under
such terms and conditions determined by the Secretary, related to
testing soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an agricultural
producer, assisting agricultural producers affected by PFAS
contamination with costs related to mitigate the impacts to their
operation that have resulted from such contamination and indemnifying
agricultural producers for the value of unmarketable crops, livestock,
and other agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance to
agricultural producers in states and territories that have established
a tolerance threshold for PFAS in a food or agricultural product:
Provided further, That, not later than 90 days after the end of fiscal
year 2023, the Secretary shall submit a report to the Congress
specifying the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to U.S.
Department of Agriculture programs, either administratively or
legislatively, to increase support for agricultural producers impacted
by PFAS contamination and to enhance scientific knowledge on PFAS
uptake in crops and livestock and PFAS mitigation and remediation
methods and disseminate such knowledge to agricultural producers.
Sec. 767. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2023, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 768. There is hereby appropriated $500,000 to carry out the
duties of the working group established under section 770 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
89).
Sec. 769. For an additional amount for the Office of the
Secretary, $15,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778 of
Public Law 117-103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching the
causes and conditions of challenges facing rural areas, and develop
community partnerships to address such challenges: Provided further,
That administrative or other fees shall not exceed one percent:
Provided further, That such partnership shall coordinate and publish an
annual report.
Sec. 770. Of the unobligated balances from prior year
appropriations made available under the heading ``Farm Service Agency--
Agricultural Credit Insurance Fund Program Account'', $73,000,000 are
hereby rescinded.
Sec. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby
appropriated $25,000,000, to remain available until expended, to pay,
with respect to such contracts for the 2021 reinsurance year, an amount
that is equal to the difference between the amount to be paid pursuant
to the SRA for the applicable reinsurance year and the amount that
would be paid if such contracts were not subject to a reduction
described in subsection (a)(2)(G) of section III of the SRA but subject
to a reimbursement rate equal to 17.5 percent of the net book premium.
Sec. 772. For an additional amount for the ``Office of the
Secretary'', $1,300,000, to remain available until expended, for the
Secretary, in consultation with the Secretary of the Department of
Health and Human Services, to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a study of
the eight topics and scientific questions related to alcohol previously
published by USDA and HHS and other relevant topics: Provided, That
the panel or panels established by the National Academies Sciences,
Engineering, and Medicine to conduct the study shall operate in a fully
transparent manner and include a balanced representation of individuals
who have expertise in the health effects of alcohol consumption, are
unbiased, and are free from conflicts of interests: Provided further,
That the findings and recommendations of the study shall be based on
the preponderance of the scientific and medical knowledge consistent
with section 5341 of title 7 of United States Code: Provided further,
That not later than eighteen months after the date of enactment of this
Act, the National Academies of Sciences, Engineering, and Medicine
shall submit its report to the Secretary of Agriculture, the Secretary
of Health and Human Services, and the Congress of its systematic review
and data analysis of the eight research topics: Provided further, That
the Secretary of Agriculture shall ensure that the 2025 Dietary
Guidelines for Americans process includes a recommendation for alcohol
and shall be based on the preponderance of scientific and medical
knowledge consistent with section 5341 of title 7 of United States
Code: Provided further, That the Secretary of Agriculture shall ensure
the process is fully transparent and includes a balanced representation
of individuals who are unbiased and free from conflicts of interest.
Sec. 773. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign Investment
Disclosure Act (Public Law 95-460), shall report to Congress on foreign
investments in agricultural land in the United States, including the
impact foreign ownership has on family farms, rural communities, and
the domestic food supply: Provided, That within 3 years after the
enactment of this Act, the Secretary shall establish a streamlined
process for electronic submission and retention of disclosures made
under the Agricultural Foreign Investment Disclosure Act, including an
internet database that contains disaggregated data from each disclosure
submitted: Provided further, That all prior year disclosures of
foreign investments in agricultural land in the United States are
published in the database: Provided further, That the plan includes a
process to ensure the protection of personally identifiable information
and that all disclosures of foreign investments in agricultural land on
the USDA website be disaggregated by: (1) in any case in which such
foreign person is an individual, the citizenship of such foreign
person; and (2) in any case in which such foreign person is not an
individual or a government, the nature of the legal entity holding the
interest, the country in which such foreign person is created or
organized, and the principal place of business of such foreign person.
Sec. 774. Notwithstanding any other provision of law, the common
name ``Kanpachi'' shall serve as an acceptable market name under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) for
labeling and marketing of ocean-farmed Seriola rivoliana.
Sec. 775. In this or any subsequent fiscal year, the Secretary of
Homeland Security shall transfer to the Secretary of Agriculture the
operation of and all property required to operate the National Bio- and
Agro-Defense Facility in Manhattan, Kansas: Provided, That, such
transfer of function shall include the transfer of up to 40 full time
equivalent positions, to be completed within 120 days of the effective
date of the transfer of function, as jointly determined by the
Secretaries.
Sec. 776. (a) Section 260 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1636i) is amended by striking ``2022'' and inserting
``2023''.
(b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7
U.S.C. 1635 note; Public Law 106-78) is amended by striking ``2022''
and inserting ``2023''.
Sec. 777. Section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)) is amended by striking ``Access to Local
Foods: Farm to School Program.'' and inserting ``Access to Local Foods:
Patrick Leahy Farm to School Program''.
Sec. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary
shall consider a city or town to be a rural area for the purposes of
eligibility for a guaranteed loan funded through the Rural Community
Facilities Program Account if the project to be funded received a prior
loan from such account in fiscal year 2021.
Sec. 779. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 742 of division A of Public Law
113-235, $150,000,000 are hereby rescinded not later than September 30,
2023.
Sec. 780. Funds made available in the Consolidated Appropriations
Act, 2018 (Public Law 115-141) for the ``Rural Community Facilities
Program Account'' under section 306 of the Consolidated Farm and Rural
Development Act, 7 U.S.C. 1926, for the principal amount of direct
loans are to remain available through fiscal year 2028 for the
liquidation of valid obligations incurred in fiscal year 2018.
Sec. 781. Of the unobligated balances from amounts made available
to carry out section 749(g) of the Agricultural Appropriations Act of
2010 (Public Law 111-80), $80,000,000 are hereby rescinded: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2023''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase
of armored vehicles without regard to the general purchase price
limitations; obtaining insurance on official motor vehicles; and rental
of tie lines, $625,000,000, of which $85,000,000 shall remain available
until September 30, 2024: Provided, That $12,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided further, That, of amounts provided under this heading,
not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities: Provided
further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities: Provided further, That,
of amounts provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying out a
pilot fellowship program of the United States Commercial Service under
which the Secretary of Commerce may make competitive grants to
appropriate institutions of higher education or students to increase
the level of knowledge and awareness of, and interest in employment
with, that Service among minority students: Provided further, That any
grants awarded under such program shall be made pursuant to regulations
to be prescribed by the Secretary, which shall require as a condition
of the initial receipt of grant funds, a commitment by prospective
grantees to accept full-time employment in the Global Markets unit of
the International Trade Administration upon the completion of
participation in the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$191,000,000, of which $76,000,000 shall remain available until
expended: Provided, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27, 28, 29, and 30 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722,
3722a, 3722b, and 3723), as amended, $430,000,000 to remain available
until expended, of which $50,000,000 shall be for grants under section
27, $41,000,000 shall be for grants under section 28, $41,000,000 shall
be for grants under section 29 in amounts determined by the Secretary,
and $2,500,000 shall be for grants under section 30: Provided, That
any deviation from the amounts designated for specific activities in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $68,000,000: Provided,
That funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of
1976; title II of the Trade Act of 1974; sections 27 through 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development Agency
in fostering, promoting, and developing minority business enterprises,
as authorized by law, $70,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$330,000,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,155,000,000, to remain available until
September 30, 2024: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $62,000,000,
to remain available until September 30, 2024: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $4,253,404,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2023, so as to result in a fiscal year 2023
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2023, should the total amount of such
offsetting collections be less than $4,253,404,000, this amount shall
be reduced accordingly: Provided further, That any amount received in
excess of $4,253,404,000 in fiscal year 2023 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That the budget of the
President submitted for fiscal year 2024 under section 1105 of title
31, United States Code, shall include within amounts provided under
this heading for necessary expenses of the USPTO any increases that are
expected to result from an increase promulgated through rule or
regulation in offsetting collections of fees and surcharges assessed
and collected by the USPTO under any law in either fiscal year 2023 or
fiscal year 2024: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2023 for
official reception and representation expenses: Provided further, That
in fiscal year 2023 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,450,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $953,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That of the amounts appropriated under this
heading, $62,532,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST STRS Community Project Funding/NIST External Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That the
amounts made available for the projects referenced in the preceding
proviso may not be transferred for any other purpose: Provided
further, That not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship program
participants.
industrial technology services
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which $175,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $37,000,000 shall be for the Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $462,285,000, to remain available
until expended: Provided, That of the amounts appropriated under this
heading, $332,285,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST Construction Community Project Funding/NIST Extramural
Construction'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That up to one percent of amounts made available for the
projects referenced in the preceding proviso may be used for the
administrative costs of such projects: Provided further, That the
Director of the National Institute of Standards and Technology shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That the Secretary of
Commerce shall include in the budget justification materials for fiscal
year 2024 that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more
than $5,000,000, and simultaneously the budget justification materials
shall include an estimate of the budgetary requirements for each such
project for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for State-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $4,500,997,000, to remain available until
September 30, 2024: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$344,901,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries Data
Collections, Surveys, and Assessments; Observers and Training;
Fisheries Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed $71,299,000
shall be for payment to the ``Department of Commerce Working Capital
Fund'': Provided further, That of the $4,868,898,000 provided for in
direct obligations under this heading, $4,500,997,000 is appropriated
from the general fund, $344,901,000 is provided by transfer, and
$23,000,000 is derived from recoveries of prior year obligations:
Provided further, That of the amounts appropriated under this heading,
$111,465,000 shall be used for the projects, and in the amounts,
specified in the table immediately following the paragraph ``NOAA
Community Project Funding/NOAA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That in addition, for necessary retired pay expenses
under the Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired personnel and
their dependents under the Dependents' Medical Care Act (10 U.S.C. ch.
55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,653,630,000, to remain available
until September 30, 2025, except that funds provided for acquisition
and construction of vessels and aircraft, and construction of
facilities shall remain available until expended: Provided, That of
the $1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of Commerce
shall include in budget justification materials for fiscal year 2024
that the Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate for each
National Oceanic and Atmospheric Administration procurement,
acquisition or construction project having a total of more than
$5,000,000 and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project for each
of the 5 subsequent fiscal years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2024: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94-265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99-659),
$300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2023, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $95,000,000: Provided, That no
employee of the Department of Commerce may be detailed or assigned from
a bureau or office funded by this Act or any other Act to offices
within the Office of the Secretary of the Department of Commerce for
more than 180 days in a fiscal year unless the individual's employing
bureau or office is fully reimbursed for the salary and expenses of the
employee for the entire period of assignment using funds provided under
this heading: Provided further, That amounts made available to the
Department of Commerce in this or any prior Act may not be transferred
pursuant to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances
that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,142,000.
nonrecurring expenses fund
For necessary expenses for technology modernization projects and
cybersecurity risk mitigation of the Department of Commerce,
$35,000,000, to remain available until September 30, 2025: Provided,
That amounts made available under this heading are in addition to such
other funds as may be available for such purposes: Provided further,
That any unobligated balances of expired discretionary funds
transferred to the Department of Commerce Nonrecurring Expenses Fund,
as authorized by section 111 of title I of division B of Public Law
116-93, may be obligated only after the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of the planned use of funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2023: Provided, That the
life cycle cost for the Joint Polar Satellite System is
$11,322,125,000, the life cycle cost of the Polar Follow On Program is
$6,837,900,000, the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000, and the
life cycle cost for the Space Weather Follow On Program is
$692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not limited
to utilities, telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space that
persons, firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use or
occupy in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949 on a reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2024, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading ``National
Institute of Standards and Technology--Industrial Technology Services''
shall not be subject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant to
this section shall be elective, in whole or in part, for any
Manufacturing Extension Partnership Center that also receives funding
from a State that is conditioned upon the application of a Federal cost
sharing requirement.
Sec. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive--
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16
U.S.C. 1455, 1455a, and 1461) as necessary at the request of
the grant applicant, for amounts made available under this Act
under the heading ``Operations, Research, and Facilities''
under the heading ``National Oceanic and Atmospheric
Administration''; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16
U.S.C. 1455, 1455a, and 1461) as necessary at the request of
the grant applicant, for amounts made available under this Act
under the heading ``Procurement, Acquisition and Construction''
under the heading ``National Oceanic and Atmospheric
Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $145,000,000, of which $4,000,000 shall remain available until
September 30, 2024, and of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$138,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$860,000,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$29,000,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed
$50,000,000 of the total amount made available under this heading shall
remain available until September 30, 2027, for build-out and
modifications of courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2024.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $14,591,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $1,138,000,000, of which not to exceed $50,000,000 for
litigation support contracts and information technology projects,
including cybersecurity and hardening of critical networks, shall
remain available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $685,000 shall
remain available until expended: Provided further, That of the total
amount appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation expenses:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to the Criminal Division for official
reception and representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for litigation activities of the Civil Division, the Attorney General
may transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended: Provided further, That any funds provided
under this heading in prior year appropriations Acts that remain
available to the Civil Rights Division for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry
out any authorized purposes of the Civil Rights Division: Provided
further, That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund and to remain available until
expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $225,000,000, to remain available until expended, of which not to
exceed $5,000 shall be available for official reception and
representation expenses: Provided, That notwithstanding any other
provision of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection (and estimated to be
$190,000,000 in fiscal year 2023), shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting collections
are received during fiscal year 2023, so as to result in a final fiscal
year 2023 appropriation from the general fund estimated at $35,000,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,632,000,000: Provided, That of the total amount appropriated, not
to exceed $19,600 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $255,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits of
discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited by
section 589a(f)(2) of title 28, United States Code), shall be retained
and used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the extent that
fees deposited into the Fund as discretionary offsetting collections in
fiscal year 2023, net of amounts necessary to pay refunds due
depositors, exceed $255,000,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2023, net of amounts necessary to pay
refunds due depositors, (estimated at $269,000,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund as discretionary offsetting
collections in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,705,000,000, of which not to exceed $20,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $18,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,129,789,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $133,512,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $550,458,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $10,676,000,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $284,000
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by
purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$651,895,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,563,116,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That, notwithstanding section 3672 of Public Law
106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated with
clandestine methamphetamine laboratories, conversion and extraction
operations, tableting operations, or laboratories and processing
operations for fentanyl and fentanyl-related substances which may
present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,672,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
construction
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and
information technology requirements; construction or acquisition of
buildings, facilities, and sites by purchase, or as otherwise
authorized by law; conversion, modification and extension of federally
owned buildings; and preliminary planning and design of projects;
$75,000,000, to remain available until expended.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115-391), of which not less than 2 percent
shall be transferred to and merged with the appropriation for ``Office
of Justice Programs--Research, Evaluation and Statistics'' for the
National Institute of Justice to carry out evaluations of programs and
activities related to the First Step Act of 2018: Provided further,
That the Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct expenditures
by that Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
until expended for necessary operations: Provided further, That, of
the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$108,000,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); title II of the Civil
Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act of
1968'') (Public Law 90-284) (``the Indian Civil Rights Act''); the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) (``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the 2000 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); the Justice for Victims of Trafficking
Act of 2015 (Public Law 114-22) (``the 2015 Act''); and the Abolish
Human Trafficking Act (Public Law 115-392); and the Violence Against
Women Act Reauthorization Act of 2022 (division W of Public Law 117-
103) (``the 2022 Act''); and for related victims services,
$700,000,000, to remain available until expended: Provided, That
except as otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as
authorized by section 5903 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2023 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence, of which
$3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305 of the
1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions
and grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $60,500,000 is for grants to improve the criminal
justice response as authorized by part U of title I the 1968
Act, of which $4,000,000 is for a homicide reduction
initiative; up to $4,000,000 is for a domestic violence
lethality reduction initiative; $8,000,000 is for an initiative
to promote effective policing and prosecution responses to
domestic violence, dating violence, sexual assault, and
stalking, including evaluation of the effectiveness of funded
interventions (``Policing and Prosecution Initiative''); and
$1,000,000 is for an initiative to enhance prosecution and
investigation of online abuse and harassment (``Prosecution and
Investigation of Online Abuse Initiative''): Provided, That
subsections (c) and (d) of section 2101 of the 1968 Act shall
not apply to the Policing and Prosecution Initiative or the
Prosecution and Investigation of Online Abuse Initiative;
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal
Governments in exercising special Tribal criminal jurisdiction,
as authorized by section 204 of the Indian Civil Rights Act:
Provided, That the grant conditions in section 40002(b) of the
1994 Act shall apply to grants made;
(17) $2,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program to support
restorative justice responses to domestic violence, dating
violence, sexual assault, and stalking, including evaluations
of those responses: Provided, That the definitions and grant
conditions in section 109 of the 2022 Act, shall apply to this
program;
(19) $11,000,000 is for culturally specific services for
victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-
designation of tribal prosecutors as Tribal Special Assistant
United States Attorneys: Provided, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply
to this initiative;
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and
stalking, including through the provision of technical
assistance, as authorized by section 206 of the 2022 Act:
Provided, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services to
underserved populations, as authorized by section 120 of the
2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the
effectiveness of funded projects: Provided, That the
definitions and grant conditions in section 40002 of the 1994
Act shall apply to this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and
evaluation activities, as authorized by section 41701 of the
1994 Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-405);
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of
2007 (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law
98-473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198); the First Step Act of 2018 (Public Law 115-
391); and other programs, $77,000,000, to remain available until
expended, of which--
(1) $42,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $35,000,000 is for research, development, and
evaluation programs, and other activities as authorized by part
B of title I of the 1968 Act and subtitle C of title II of the
2002 Act, and for activities authorized by or consistent with
the First Step Act of 2018, of which $7,500,000 is for research
targeted toward developing a better understanding of the
domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of school
violence to include the impact and effectiveness of grants made
under the STOP School Violence Act of 2018 (title V of division
S of Public Law 115-141); $1,000,000 is for research on
violence against American Indians and Alaska Natives or
otherwise affecting indigenous communities, in connection with
extractive industry activities; $1,000,000 is for research on
gun violence prevention; $1,000,000 is for surveys on the
campus sexual assault climate; $1,200,000 is for a study on
certain school-based crimes; and $1,000,000 is for a study on
law enforcement and community agency responses to opioid
overdoses.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164) (``the TVPRA of 2005''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248) (``the Adam Walsh Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the Victims of Trafficking Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA'');
the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
473); the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
the Keep Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
School Violence Act of 2018 (title V of division S of Public Law 115-
141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
(title VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
185); the SUPPORT for Patients and Communities Act (Public Law 115-
271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-
401); the Missing Persons and Unidentified Remains Act of 2019 (Public
Law 116-277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the
Violence Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117-103 (``the 2022 Act''); and other programs,
$2,416,805,000, to remain available until expended as follows--
(1) $770,805,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and
Survivability (VALOR);
(B) $3,500,000 is for the operation, maintenance,
and expansion of the National Missing and Unidentified
Persons System;
(C) $10,000,000 is for a grant program for State
and local law enforcement to provide officer training
on responding to individuals with mental illness or
disabilities;
(D) $5,000,000 is for a student loan repayment
assistance program pursuant to section 952 of Public
Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local
government, and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert
Program (title XXIV of the 1994 Act), as amended by
Kevin and Avonte's Law;
(G) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115-185);
(H) $13,000,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426
of Public Law 108-405, and for grants for wrongful
conviction review;
(I) $3,000,000 is for a national center on
restorative justice;
(J) $1,000,000 is for the purposes of the Ashanti
Alert Communications Network as authorized under the
Ashanti Alert Act of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate
and support family-based alternative sentencing
programs;
(L) $2,000,000 is for a grant program to support
child advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime
initiative, including assistance for law enforcement;
(N) $6,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116-277);
(O) $4,000,000 is for a drug data research center
to combat opioid abuse;
(P) $1,500,000 is for grants to accredited
institutions of higher education to support forensic
ballistics programs;
(Q) $229,551,000 is for discretionary grants to
improve the functioning of the criminal justice system,
to prevent or combat juvenile delinquency, and to
assist victims of crime (other than compensation),
which shall be used for the projects, and in the
amounts, specified under the heading, ``Byrne
Discretionary Community Project Grants/Byrne
Discretionary Grants'', in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
such amounts may not be transferred for any other
purpose;
(R) $5,000,000 is for the purposes authorized under
section 1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve virtual
training for law enforcement; and
(T) $7,000,000 is for programs for cybercrime
enforcement, as authorized by sections 1401 and 1402 of
the 2022 Act;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $95,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of the Victims
of Trafficking Act, by the TVPRA of 2005, or programs
authorized under Public Law 113-4;
(4) $13,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110-403,
of which not less than $2,500,000 is for intellectual property
enforcement grants including as authorized by section 401, and
$2,000,000 is for grants to develop databases on Internet of
Things device capabilities and to build and execute training
modules for law enforcement;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 shall be
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing, and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and Fix
NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $170,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $130,000,000 is for the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $20,000,000 for other local, State, and Federal
forensic activities;
(C) $15,000,000 is for the purposes described in
the Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $5,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $55,000,000 for community-based grant programs to
improve the response to sexual assault, including assistance
for investigation and prosecution of related cold cases;
(12) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which not
to exceed--
(A) $8,000,000 is for a program to improve State,
local, and Tribal probation or parole supervision
efforts and strategies;
(B) $5,000,000 is for children of incarcerated
parents demonstration programs to enhance and maintain
parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain
sanctions in probation, of which no less than $500,000
shall be used for a project that provides training,
technical assistance, and best practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by
the Crisis Stabilization and Community Reentry Act of
2020 (Public Law 116-281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay
for Success projects, of which up to $5,000,000 shall be for
Pay for Success programs implementing the Permanent Supportive
Housing Model and reentry housing;
(15) $445,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which--
(A) $95,000,000 is for Drug Courts, as authorized
by section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $45,000,000 is for mental health courts and
adult and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968
Act, and the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $45,000,000 is for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $35,000,000 is for a veterans treatment courts
program;
(E) $35,000,000 is for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $190,000,000 is for a comprehensive opioid,
stimulant, and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under the
STOP School Violence Act;
(18) $3,500,000 for grants to State and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325);
(19) $25,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-
84);
(20) $10,000,000 for grants to support community-based
approaches to advancing justice and reconciliation,
facilitating dialogue between all parties, building local
capacity, de-escalating community tensions, and preventing hate
crimes through conflict resolution and community empowerment
and education;
(21) $10,000,000 for programs authorized under the Jabara-
Heyer NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-
community relations, of which $35,000,000 is for a competitive
matching grant program for purchases of body-worn cameras for
State, local, and Tribal law enforcement; $35,000,000 is for a
justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction; and
$50,000,000 is for a community violence intervention and
prevention initiative:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service: Provided further, That in
the spending plan submitted pursuant to section 528 of this Act, the
Office of Justice Programs shall specifically and explicitly identify
all changes in the administration of competitive grant programs for
fiscal year 2023, including changes to applicant eligibility, priority
areas or weightings, and the application review process.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the PROTECT Act (Public Law 108-21); the Victims of Child Abuse
Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public Law
110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing
Children's Assistance Act of 2018 (Public Law 115-267); the Juvenile
Justice Reform Act of 2018 (Public Law 115-385); the Victims of Crime
Act of 1984 (chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198); and other juvenile justice programs, $400,000,000, to
remain available until expended as follows--
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local,
and Tribal juvenile justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $5,000,000 shall be for grants to prevent
trafficking of girls;
(B) $17,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site
providing information and resources on children of
incarcerated parents;
(D) $5,500,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(E) $12,500,000 shall be for an initiative relating
to youth affected by opioids, stimulants, and substance
use disorder;
(F) $10,000,000 shall be for an initiative relating
to children exposed to violence; and
(G) $2,000,000 shall be for grants to protect
vulnerable and at-risk youth;
(4) $41,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the
PROTECT Our Children Act of 2008 (Public Law 110-401) shall not
apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $34,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and
Wellness Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the
STOIC Act''), $662,880,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act: Provided further, That of the amount provided under this
heading--
(1) $324,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $34,000,000
is for improving Tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and anti-
opioid activities: Provided further, That of the amounts
appropriated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of
title I of the 1968 Act, which shall be transferred to and
merged with ``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs: Provided
further, That of the amounts appropriated under this paragraph,
no less than $4,000,000 is to support the Tribal Access
Program: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for training, peer
mentoring, mental health program activities, and other support
services as authorized under the LEMHW Act and the STOIC Act:
Provided further, That of the amounts appropriated under this
paragraph, $7,500,000 is for the collaborative reform model of
technical assistance in furtherance of section 1701 of title I
of the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration;
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services Office
for purposes authorized under the STOP School Violence Act
(title V of division S of Public Law 115-141);
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the
1968 Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be used
for the projects, and in the amounts, specified under the
heading, ``Community Oriented Policing Services, Technology and
Equipment Community Projects/ COPS Law Enforcement Technology
and Equipment'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such amounts may not be
transferred for any other purpose: Provided further, That
grants funded by such amounts shall not be subject to section
1703 of title I of the 1968 Act (34 U.S.C. 10383).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section shall not
apply to the following--
(1) paragraph 1(Q) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented
Policing Services Programs''.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may be
used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical
purposes, without regard to the authorizations for such grant
or reimbursement programs.
This section shall not apply to paragraph 1(Q) under the heading
``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2020 through 2023 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2023, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2023, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2023, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as
have been enacted for Performance Partnership Pilots in appropriations
acts in prior fiscal years and the current fiscal year.
Sec. 218. The Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate quarterly
reports on the Crime Victims Fund, the Working Capital Fund, the Three
Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports
shall contain at least the same level of information and detail for
each Fund as was provided to the Committees on Appropriations of the
House of Representatives and the Senate in fiscal year 2022.
Sec. 219. Section 3201 of Public Law 101-647, as amended (28
U.S.C. 509 note), is hereby amended: (1) by striking ``or the
Immigration and Naturalization Service'' and inserting ``the Federal
Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives,
or the United States Marshals Service''; and (2) by striking
``$25,000'' and inserting ``$50,000''.
Sec. 220. None of the funds made available under this Act may be
used to conduct, contract for, or otherwise support, live tissue
training, unless the Attorney General issues a written, non-delegable
determination that such training is medically necessary and cannot be
replicated by alternatives.
Sec. 221. (a) Designation.--The facilities of the Federal Bureau of
Investigation at Redstone Arsenal, Alabama, shall be known and
designated as the ``Richard Shelby Center for Innovation and Advanced
Training''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facilities of the
Federal Bureau of Investigation at Redstone Arsenal referred to in
subsection (a) shall be deemed to be a reference to the ``Richard
Shelby Center for Innovation and Advanced Training''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2023''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $7,965,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,965,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,795,000,000, to remain available until
September 30, 2024.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $935,000,000, to remain available until
September 30, 2024.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,200,000,000, to remain available until
September 30, 2024: Provided, That $227,000,000 shall be for On-orbit
Servicing, Assembly, and Manufacturing 1: Provided further, That
$110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which not less
than $45,000,000 shall be for reactor development, not less than
$45,000,000 shall be for fuel materials development, and not less than
$20,000,000 shall be for non-nuclear systems development and
acquisition planning: Provided further, That, not later than 180 days
after the enactment of this Act, the National Aeronautics and Space
Administration shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of Artemis Campaign Development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,468,850,000, to remain available until
September 30, 2024: Provided, That not less than $1,338,700,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,600,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon landings:
Provided further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including related
facilitization, to support an SLS Block 1B mission available to launch
in 2025 in addition to the planned Block 1 missions for Artemis I
through Artemis III: Provided further, That $799,150,000 shall be for
Exploration Ground Systems and associated Block 1B activities,
including up to $281,350,000 for a second mobile launch platform:
Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated system
that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and
associated ground systems that will ensure a crewed launch as early as
possible, as well as a system-based funding profile for a sustained
launch cadence that contemplates the use of an SLS Block 1B cargo
variant with an 8.4 meter fairing and associated ground systems:
Provided further, That $2,600,300,000 shall be for Artemis Campaign
Development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control, and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $4,250,000,000, to remain available until September 30, 2024.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$143,500,000, to remain available until September 30, 2024, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $58,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,129,451,000, to remain available until
September 30, 2024: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
available from amounts made available under this heading to make such
grant disbursements: Provided further, That of the amounts
appropriated under this heading, $30,701,000 shall be used for the
projects, and in the amounts, specified in the table under the heading
``NASA Community Projects/NASA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $47,300,000, to remain available until
September 30, 2028: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2023 in an amount not to
exceed $25,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of which
$500,000 shall remain available until September 30, 2024.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 50 percent and any funds
transferred to or within ``Exploration'' for Exploration Ground Systems
shall not increase Exploration Ground Systems by more than $49,300,000.
Balances so transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures
set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2023 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
The spending plan required by this Act shall be provided by the
National Aeronautics and Space Administration at the theme, program,
project, and activity level. The spending plan, as well as any
subsequent change of an amount established in that spending plan that
meets the notification requirements of section 505 of this Act, shall
be treated as a reprogramming under section 505 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less, of the
amounts made available in the current-year Construction and
Environmental Compliance and Restoration (CECR) appropriation may be
applied to CECR projects funded under previous years' CECR
appropriations. Use of current-year funds under this provision shall be
treated as a reprogramming of funds under section 505 of this act and
shall not be available for obligation except in compliance with the
procedures set forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics Engagement''
(``STEM Engagement''), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from amounts
made available in this Act under the headings ``Science'',
``Aeronautics'', ``Space Technology'', ``Exploration'', and ``Space
Operations'', projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including Minority
Serving Institutions.
Section 30102(b) of title 51, United States Code, is amended by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
``(3) Information technology (it) modernization.--The fund
shall also be available for the purpose of funding IT
Modernization activities, as described in section
1077(b)(3)(A)-(E) of Public Law 115-91, on a non-reimbursable
basis.''.
Not to exceed $18,162,000 made available for the current fiscal
year in this Act within ``Safety, Security and Mission Services'' may
be transferred to the Working Capital Fund of the National Aeronautics
and Space Administration. Balances so transferred shall be available
until expended only for activities described in section 30102(b)(3) of
title 51, United States Code, as amended by this Act, and shall remain
available until expended. Any transfer pursuant to this provision shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation except in compliance with the
procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $7,021,136,000, to remain available
until September 30, 2024, of which not to exceed $640,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $187,230,000, to remain available until expended.
stem education
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $1,154,000,000, to remain available until
September 30, 2024.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $448,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2023 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$5,090,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $23,393,000, of which
$400,000 shall remain available until September 30, 2024.
administrative provisions
(including transfers of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
There is hereby established in the Treasury of the United States a
fund to be known as the ``National Science Foundation Nonrecurring
Expenses Fund'' (the Fund). Unobligated balances of expired
discretionary funds appropriated for this or any succeeding fiscal year
from the General Fund of the Treasury to the National Science
Foundation by this or any other Act may be transferred (not later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated) into
the Fund. Amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available for
such purposes, for information and business technology system
modernization and facilities infrastructure improvements, including
nonrecurring maintenance, necessary for the operation of the Foundation
or its funded research facilities, subject to approval by the Office of
Management and Budget. Amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of the planned use
of funds.
This title may be cited as the ``Science Appropriations Act,
2023''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $14,350,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That the Chair may
accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the
preceding proviso, $2,000,000 shall be used to separately fund the
Commission on the Social Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $455,000,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair may accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$122,400,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $560,000,000,
of which $516,100,000 is for basic field programs and required
independent audits; $5,700,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $26,200,000 is for management and
grants oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2022 and 2023, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $61,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2024: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $1,900,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated
with this section; and (2) 5 percent shall be available to the Office
for Victims of Crime for grants, consistent with the requirements of
the Victims of Crime Act, to Indian Tribes to improve services for
victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 111(a) of division B of Public
Law 116-93, $50,000,000 are hereby permanently rescinded not later than
September 30, 2023.
(b) Of the unobligated balances from prior year appropriations
available to the Department of Commerce under the heading ``Economic
Development Administration, Economic Development Assistance Programs'',
$10,000,000 are hereby permanently rescinded, not later than September
30, 2023.
(c) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are hereby
permanently rescinded, not later than September 30, 2023, from the
following accounts in the specified amounts--
(1) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $75,000,000; and
(3) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(d) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not
later than September 30, 2023, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $705,768,000; and
(2) ``Legal Activities, Assets Forfeiture Fund'',
$500,000,000.
(e) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2023, specifying the amount
of each rescission made pursuant to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d)
shall not be from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and (d) shall
not be from--
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ``State and Local Law Enforcement
Activities--Office of Justice Programs--State and Local Law
Enforcement Assistance'' in title II of division B of Public
Law 117-103; or
(2) amounts provided under paragraph (7) under the heading
``State and Local Law Enforcement Activities--Community
Oriented Policing Services--Community Oriented Policing
Services Programs'' in title II of division B of Public Law
117-103.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis for
that determination.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate not later than 45 days after the date of enactment of this
Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United States Virgin
Islands, Guam, or Puerto Rico, to prevent any of them from implementing
their own laws that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1993 Small
Area Income and Poverty Estimates, the 2000 decennial census, and the
most recent Small Area Income and Poverty Estimates, or any Territory
or possession of the United States.
Sec. 534. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 536. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 537. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as of
September 30, 2023, from amounts made available to ``Office of the
United States Trade Representative--Salaries and Expenses'' in title IX
of the United States-Mexico-Canada Agreement Implementation Act (Public
Law 116-113), are hereby rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for an
additional amount for fiscal year 2023, to remain available until
September 30, 2024, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-113, except that all references to ``2023'' under
such heading in Public Law 116-113 shall be deemed to refer instead to
``2024''.
(b) The remaining unobligated balances of funds as of September 30,
2023, from amounts made available to ``Office of the United States
Trade Representative--Trade Enforcement Trust Fund'' in title IX of the
United States-Mexico-Canada Agreement Implementation Act (Public Law
116-113), are hereby rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for an
additional amount for fiscal year 2023, to remain available until
September 30, 2024, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-113, except that the reference to ``2023'' under such
heading in Public Law 116-113 shall be deemed to refer instead to
``2024''.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res.
14 (117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
(d) Each amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
Sec. 541. Funds made available to the Department of Commerce and
under the heading ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses'' in this Act and any remaining
unobligated balances of funds made available to the Department of
Commerce and under the heading ``Department of Justice--Federal Bureau
of Investigation--Salaries and Expenses'' in prior year Acts, other
than amounts designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, shall be
available to provide payments pursuant to section 901(i)(2) of title IX
of division J of the Further Consolidated Appropriations Act, 2020 (22
U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the
matter preceding this proviso may not exceed $5,000,000 for the
Department of Commerce and $5,000,000 for the Federal Bureau of
Investigation.
Sec. 542. (a) None of the funds in this Act may be used for design
or construction of the Mobile Launcher 2 until 30 days after the
Administrator of the National Aeronautics and Space Administration (the
``Administrator'') submits a plan to the Committees on Appropriations
of the House of Representatives and the Senate (the ``Committees''),
the Government Accountability Office, and the Office of Inspector
General of the National Aeronautics and Space Administration detailing
a cost and schedule baseline for the Mobile Launcher 2. Such plan shall
include each of the requirements described in subsection (c)(2) of
section 30104 of title 51, United States Code, as well as an estimated
date for completion of design and construction of the Mobile Launcher
2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of the
National Aeronautics and Space Administration on steps taken to
implement such plan.
Sec. 543. (a)(1) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Fund for fiscal year 2023 pursuant to paragraphs (1) and (2) of
section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-
167), including the transfer authority in such paragraphs of that
section of that Act, to the accounts specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Commerce Allocation of National Institute of
Standards and Technology Funds: CHIPS Act Fiscal Year 2023'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of
Commerce shall allocate amounts made available from the Public Wireless
Supply Chain Innovation Fund for fiscal year 2023 pursuant to section
106 of the CHIPS Act of 2022 (division A of Public Law 117-167),
including the transfer authority in section 106(b)(2) of that Act, to
the accounts specified, in the amounts specified, and for the projects
and activities specified, in the table titled ``Department of Commerce
Allocation of National Telecommunications and Information
Administration Funds: CHIPS Act Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of the
National Science Foundation shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Workforce and Education Fund for fiscal year 2023 pursuant to
section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified, and for
the projects and activities specified in the table titled ``National
Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2023'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(a)(2)(A)
of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if
there is in effect an Act making or continuing appropriations for part
of a fiscal year for the Departments of Commerce and Justice, Science,
and Related Agencies: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administration of
programs allocated funds from the CHIPS for America Fund, which may be
allocated only in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations of the
House of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act--
(1) the Secretary of Commerce may reallocate funds
allocated to Industrial Technology Services for section 9906 of
Public Law 116-283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(3) of this section.
(d) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of Commerce and the Director of the
National Science Foundation, as appropriate, shall each submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(a)(2) and section 102(d)(2) of the CHIPS Act of 2022
for fiscal year 2024.
(e) The Department of Commerce and the National Science Foundation,
as appropriate, shall each provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on the status
of balances of projects and activities funded by the CHIPS for America
Fund for amounts allocated pursuant to subsection (a)(1) of this
section, the status of balances of projects and activities funded by
the Public Wireless Supply Chain Innovation Fund for amounts allocated
pursuant to subsection (a)(2) of this section, and the status of
balances of projects and activities funded by the CHIPS for America
Workforce and Education Fund for amounts allocated pursuant to
subsection (a)(3) of this section, including all uncommitted,
committed, and unobligated funds.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2023''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $49,628,305,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,706,395,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $15,050,088,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $35,427,788,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on active duty and cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $1,109,400,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,212,834,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,400,831,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$826,712,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,457,519,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$9,232,554,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $68,260,046,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the
Navy, and payments may be made upon the Secretary's certificate of
necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$9,891,998,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$60,279,937,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$4,086,883,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$49,574,779,000: Provided, That not more than $2,981,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes: Provided
further, That of the funds provided under this heading, not less than
$55,000,000 shall be made available for the Procurement Technical
Assistance Cooperative Agreement Program, of which not less than
$5,000,000 shall be available for centers defined in 10 U.S.C.
2411(1)(D): Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $49,071,000 to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$2,467,009,000, of which $1,510,260,000, to remain available until
September 30, 2024, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
paragraph: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $475,000,000, to remain available until September 30, 2024:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,206,434,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,278,050,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $347,633,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,700,800,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,299,187,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,382,079,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $16,003,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $324,500,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $400,113,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $573,810,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,979,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $317,580,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $170,000,000, to remain available until
September 30, 2024: Provided, That such amounts shall not be subject
to the limitation in section 407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $351,598,000, to remain
available until September 30, 2025.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $111,791,000: Provided, That no other amounts may be
otherwise credited or transferred to the Account, or deposited into the
Account, in fiscal year 2023 pursuant to section 1705(d) of title 10,
United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,847,834,000, to remain available for obligation until
September 30, 2025.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,848,853,000, to remain available for obligation until
September 30, 2025.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$4,505,157,000, to remain available for obligation until September 30,
2025.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,770,120,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,668,148,000, to remain available for obligation until September 30,
2025.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $19,031,864,000, to remain available for obligation
until September 30, 2025.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,823,113,000, to remain available
for obligation until September 30, 2025.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $920,884,000, to remain available for
obligation until September 30, 2025.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN-80), $1,465,880,000;
Carrier Replacement Program (CVN-81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG-1000 Program, $72,976,000;
DDG-51 Destroyer, $6,946,537,000;
DDG-51 Destroyer (AP), $695,652,000;
FFG-Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs,
$1,312,646,000.
In all: $31,955,124,000, to remain available for obligation until
September 30, 2027: Provided, That additional obligations may be
incurred after September 30, 2027, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $12,138,590,000, to
remain available for obligation until September 30, 2025: Provided,
That such funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $3,669,510,000, to remain available for obligation
until September 30, 2025.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $22,196,175,000, to remain available for
obligation until September 30, 2025.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,999,346,000, to remain
available for obligation until September 30, 2025.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $857,722,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $28,034,122,000, to remain
available for obligation until September 30, 2025.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,462,188,000, to remain
available for obligation until September 30, 2025.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $6,139,674,000, to remain available for obligation until
September 30, 2025.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $372,906,000, to remain available for
obligation until September 30, 2027, which shall be obligated and
expended by the Secretary of Defense as if delegated the necessary
authorities conferred by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2025: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,150,141,000, to remain available for obligation until September 30,
2024.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,017,309,000, to remain available for obligation until September 30,
2024: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$44,946,927,000, to remain available for obligation until September 30,
2024.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,631,377,000, to remain available until September 30, 2024.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $34,565,478,000, to remain
available for obligation until September 30, 2024.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $449,294,000, to remain available for obligation
until September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$39,225,101,000; of which $35,613,417,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2024, and of which up to
$18,577,877,000 may be available for contracts entered into under the
TRICARE program; of which $570,074,000, to remain available for
obligation until September 30, 2025, shall be for procurement; and of
which $3,041,610,000, to remain available for obligation until
September 30, 2024, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $12,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,561,000,000 shall be made available to the Defense Health Agency to
carry out the congressionally directed medical research programs:
Provided further, That the Secretary of Defense shall submit to the
congressional defense committees quarterly reports on the current
status of the deployment of the electronic health record: Provided
further, That the Secretary of Defense shall provide notice to the
congressional defense committees not later than 10 business days after
delaying the proposed timeline of such deployment if such delay is
longer than 1 week: Provided further, That the Comptroller General of
the United States shall perform quarterly performance reviews of such
deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,059,818,000, of which $84,612,000 shall
be for operation and maintenance, of which no less than $53,186,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,778,000 for activities on military installations and
$30,408,000, to remain available until September 30, 2024, to assist
State and local governments; and $975,206,000, to remain available
until September 30, 2024, shall be for research, development, test and
evaluation, of which $971,742,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $970,764,000, of which $614,510,000
shall be for counter-narcotics support; $130,060,000 shall be for the
drug demand reduction program; $200,316,000 shall be for the National
Guard counter-drug program; and $25,878,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, That funds appropriated under this heading may be used to
support a new start program or project only after written prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $485,359,000, of which $481,971,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon
the Inspector General's certificate of necessity for confidential
military purposes; of which $1,524,000, to remain available for
obligation until September 30, 2025, shall be for procurement; and of
which $1,864,000, to remain available until September 30, 2024, shall
be for research, development, test and evaluation.
Support for International Sporting Competitions
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for
members of the Reserve Components of the Armed Forces of the United
States called or ordered to active duty in connection with providing
such support), $10,377,000, to remain available until expended.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer not
to exceed $6,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to be merged
with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30,
2023: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2023: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts for up to 15 DDG-51 Arleigh Burke Class Guided
Missile Destroyers.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code: Provided, That such funds may also be obligated for humanitarian
and civic assistance costs incidental to authorized operations and
pursuant to authority granted in section 401 of title 10, United States
Code, and these obligations shall be reported as required by section
401(d) of title 10, United States Code: Provided further, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees, but are
to be managed solely on the basis of, and in a manner consistent with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent levels
absent the appropriate analysis of the impact of these reductions on
workload, military force structure, lethality, readiness, operational
effectiveness, stress on the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes of
subsection (a) and reducing funding for under-execution of such a
projection shall not be considered managing based on a constraint or
limitation for purposes of such subsection.
(d) The fiscal year 2024 budget request for the Department of
Defense, and any justification material and other documentation
supporting such a request, shall be prepared and submitted to Congress
as if subsections (a) and (b) were effective with respect to such
fiscal year.
(e) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades, or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2024
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United States if
the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $25,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $20,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $115,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $64,800,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $51,300,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $11,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,900,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2023, not more than
$2,788,107,000 may be funded for professional technical staff-related
costs of the defense FFRDCs: Provided, That within such funds, not
more than $446,097,000 shall be available for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence Program and
the Military Intelligence Program: Provided further, That the
Secretary of Defense shall, with the submission of the department's
fiscal year 2024 budget request, submit a report presenting the
specific amounts of staff years of technical effort to be allocated for
each defense FFRDC by program during that fiscal year and the
associated budget estimates, by appropriation account and program.
(e) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$129,893,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program and Military
Intelligence Program.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8028. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 4658 of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2023. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code, except that
the restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8034. In addition to any other funds made available for such
purposes, there is appropriated $93,500,000, for an additional amount
for the ``National Defense Stockpile Transaction Fund'', to remain
available until September 30, 2025, for activities pursuant to the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.): Provided, That none of the funds provided under this section
may be obligated or expended until 90 days after the Secretary of
Defense provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds.
Sec. 8035. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or any
subsequent Act making appropriations for the Department of Defense, may
be used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 4862(b) of
title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $350,000: Provided, That upon determination
by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in a named contingency operation overseas, such funds may be used to
purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8040. Up to $13,720,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2024 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2024 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2024 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2024: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2024: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community, shall remain available until
September 30, 2025.
(including transfer of funds)
Sec. 8044. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8045. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8046. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8047. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Aircraft Procurement, Army'', 2021/2023, $7,300,000;
``Other Procurement, Army'', 2021/2023, $3,177,000;
``Aircraft Procurement, Air Force'', 2021/2023,
$115,804,000;
``Operation and Maintenance, Defense-Wide'', 2022/2023,
$105,000,000;
``Counter-ISIS Train and Equip Fund'', 2022/2023,
$65,000,000;
``Aircraft Procurement, Army'', 2022/2024, $9,437,000;
``Other Procurement, Army'', 2022/2024, $71,544,000;
``Shipbuilding and Conversion, Navy: CVN Refueling
Overhauls'', 2022/2026, $191,000,000;
``Shipbuilding and Conversion, Navy: Service Craft'', 2022/
2026, $6,092,000;
``Aircraft Procurement, Air Force'', 2022/2024,
$205,568,000;
``Other Procurement, Air Force'', 2022/2024, $9,100,000;
``Procurement, Space Force'', 2022/2024, $7,000,000;
``Research, Development, Test and Evaluation, Army'', 2022/
2023, $26,700,000;
``Research, Development, Test and Evaluation, Air Force'',
2022/2023, $117,727,000;
``Research, Development, Test and Evaluation, Space
Force'', 2022/2023, $113,400,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', XXXX/XXXX, $30,000,000.
Sec. 8048. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8049. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains of United
States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8050. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8051. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8052. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8053. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget. The Secretary of each military
department, the Director of each Defense Agency, and the head of each
other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the
budget justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed accounting of
the Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides taken from programs, projects,
or activities within such department, agency, or component during the
most recently completed fiscal year.
Sec. 8054. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during each
of the fiscal years 2016 through 2023 in which the authority in this
section was exercised.
Sec. 8057. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8058. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit to
the congressional defense committees a certification in writing that
the status of such aircraft is due to a Class A mishap and not due to
lack of maintenance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the necessary steps taken by the Department of
Defense to meet the travel requirements for official or
representational duties of members of Congress and the Cabinet in
fiscal years 2023 and 2024.
Sec. 8059. (a) None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military forces
for operational training, operational use, or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping in accordance with an approved test strategy,
and test activities preceding and leading to acceptance for operational
use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time of
submittal to Congress of the budget of the President for fiscal year
2024 pursuant to section 1105 of title 31, United States Code:
Provided, That this restriction does not apply to programs funded
within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2024 pursuant
to section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of funds
requested in research, development, test and evaluation accounts for
end-items used in development, prototyping and test activities
preceding and leading to acceptance for operational use: Provided,
That the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were used for
such item: Provided further, That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President
for fiscal year 2024 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2024 in research,
development, test and evaluation accounts are in compliance with this
section: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start defense
innovation acceleration or rapid prototyping program demonstration
project with a value of more than $5,000,000 may only be obligated 15
days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated annual
and total cost, has been provided in writing to the congressional
defense committees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national interest to
do so.
Sec. 8062. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8065. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or their designee, may waive payment of
all or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or their
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $158,967,374 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of
a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8068. In addition to amounts made available elsewhere in this
Act, $200,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the United States Africa Command or
United States Southern Command to expand cooperation or improve the
capabilities of our allies and partners in their areas of operation:
Provided, That none of the funds provided under this section may be
obligated or expended until 60 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 30 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8071. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8072. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 3601 of title 10, United States Code, as added by
section 804(a) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently to the
Subcommittees on Defense of the Committees on Appropriations of the
House of Representatives and the Senate.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$80,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $127,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program; $40,000,000 shall be for co-production activities of
SRBMD systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production agreement for
SRBMD, as amended; $80,000,000 shall be for an upper-tier component to
the Israeli Missile Defense Architecture, of which $80,000,000 shall be
for co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier, as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range, ground and
airborne, detection suite: Provided further, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8074. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,312,646,000 shall be
available until September 30, 2023, to fund prior year shipbuilding
cost increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2023: Carrier Replacement Program, $461,700,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Virginia Class Submarine Program,
$46,060,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: DDG-51 Destroyer, $30,231,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Littoral Combat Ship, $4,250,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: DDG-51 Destroyer, $24,238,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Virginia Class Submarine Program,
$58,642,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: TAO Fleet Oiler, $9,200,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Littoral Combat Ship, $18,000,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: CVN Refueling Overhauls, $62,000,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Towing, Salvage, and Rescue Ship Program,
$1,750,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: DDG-51 Destroyer, $168,178,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LPD-17, $17,739,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LHA Replacement Program, $19,300,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: Littoral Combat Ship, $29,030,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: DDG-51 Destroyer, $5,930,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Littoral Combat Ship, $9,538,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: TAO Fleet Oiler, $12,500,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Towing, Salvage, and Rescue Ship Program,
$2,800,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Littoral Combat Ship, $6,983,000;
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: TAO Fleet Oiler, $106,400,000;
(21) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Towing, Salvage, and Rescue Ship Program,
$2,450,000;
(22) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Virginia Class Submarine Program,
$200,000,000; and
(23) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Towing, Salvage, and Rescue Ship Program,
$15,727,000.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2023 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8079. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning the USS Fort
Worth, the USS Wichita, the USS Billings, the USS Indianapolis, or the
USS St. Louis.
Sec. 8080. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2024, and except for funds appropriated
for the purchase of real property, which shall remain available until
September 30, 2025.
Sec. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8085. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2023: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8086. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2023 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 of this Act.
Sec. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8088. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$168,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8091. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8092. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8093. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2023.
Sec. 8094. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $133,000,000, to remain
available for obligation until September 30, 2027, may be used for the
purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section 2218 of
title 10, United States Code, none of these funds shall be transferred
to the National Defense Sealift Fund for execution.
Sec. 8095. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8096. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person from
a provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 8097. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8098. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $589,325,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8099. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8100. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders for
shipboard cranes; and anchor chains, specifically for the seventh and
subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the Secretary of
the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program
beginning not later than with the eleventh ship of the program.
Sec. 8101. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair Ship or the
T-AGOS(X) Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8102. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8103. From funds made available in title II of this Act, the
Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central
Command area of responsibility: (1) passenger motor vehicles up to a
limit of $75,000 per vehicle; and (2) heavy and light armored vehicles
for the physical security of personnel or for force protection purposes
up to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8104. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8105. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended by
the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate
for customary ceremonial honors, operational military units, or
operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8106. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8107. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight of the ``Explanation of Project Level
Adjustments'' tables in the explanatory statement regarding this Act,
may be used for expenses for the agile research, development, test and
evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System (PE 0303150K); and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal
year 2023.
Sec. 8108. In addition to amounts provided elsewhere in this Act,
there is appropriated $686,500,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Local Defense
Community Cooperation of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of Local
Defense Community Cooperation or the Secretary of Education shall give
priority consideration to those military installations with schools
having the most serious capacity or facility condition deficiencies as
determined by the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local educational
agency or State shall provide a matching share as described in the
notice titled ``Department of Defense Program for Construction,
Renovation, Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the Federal
Register on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided
further, That these provisions apply to funds provided under this
section, and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public schools on
military installations in order to address capacity or facility
condition deficiencies at such schools to the extent such funds remain
unobligated on the date of enactment of this section.
Sec. 8109. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 8110. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $300,000,000, to remain available until
September 30, 2024, shall be for the Ukraine Security Assistance
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and
national security forces of Ukraine, and to other forces or groups
recognized by and under the authority of the Government of Ukraine,
including governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment procured
using funds made available in this section in this or prior Acts:
Provided further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of any
such obligation: Provided further, That the Secretary of Defense
shall, not more than 60 days after such notification is made, inform
such committees if such funds have not been obligated and the reasons
therefor: Provided further, That the Secretary of Defense shall
consult with such committees in advance of the provision of support
provided to other forces or groups recognized by and under the
authority of the Government of Ukraine: Provided further, That the
United States may accept equipment procured using funds made available
in this section in this or prior Acts transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made available in
this section in this or prior Acts, and not yet transferred to the
military or national security forces of Ukraine or to other assisted
entities, or returned by such forces or other assisted entities to the
United States, may be treated as stocks of the Department of Defense
upon written notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use and status
of funds made available in this section.
Sec. 8111. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8112. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,510,260,000, to remain available until
September 30, 2024, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
Sec. 8113. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $410,000,000, to remain available until
September 30, 2024, shall be available to reimburse Jordan, Lebanon,
Egypt, Tunisia, and Oman under section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for
enhanced border security, of which not less than $150,000,000 shall be
for Jordan: Provided, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this section,
notify the congressional defense committees in writing of the details
of any planned obligation and the nature of the expenses incurred:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8114. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8115. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8116. None of the funds made available by this Act may be
made available for any member of the Taliban.
Sec. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 of this Act.
Sec. 8118. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
(including transfer of funds)
Sec. 8119. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $1,000,000,000, to remain
available until September 30, 2024, is hereby appropriated to the
Department of Defense and made available for transfer only to other
appropriations available to the Department of Defense in Department of
Defense Appropriations Acts: Provided, That such funds shall be
available to the Secretary of Defense for the purpose of conducting
activities relating to improvements of infrastructure and defueling at
the Red Hill Bulk Fuel Storage Facility: Provided further, That
amounts transferred pursuant to this appropriation shall be merged
with, and be available for the same purposes and time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided in this
section, such amounts may be transferred back to this section:
Provided further, That the transfer authority provided pursuant to this
section is in addition to any other transfer authority provided by law:
Provided further, That not less than 30 days prior to any transfer of
funds pursuant to this section, the Secretary of Defense shall notify
the congressional defense committees of the details of any such
transfer: Provided further, That not later than 60 days after the
enactment of this Act and every 30 days thereafter through fiscal year
2024, the Secretary of Defense shall submit a report to the Committees
on Appropriations of the House of Representatives and Senate, setting
forth all categories and amounts of obligations and expenditures made
under the authority provided in this section.
Sec. 8120. (a) Notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer to the Secretary of
State, for use by the United States Agency for International
Development, amounts to be used for the Bien Hoa dioxin cleanup in
Vietnam.
(b) Not more than $15,000,000 may be transferred in each of fiscal
years 2024 through 2030 under the transfer authority in subsection (a).
(c) The transfer authority in subsection (a) is in addition to any
other transfer authority available to the Department of Defense.
(d) If the Secretary of Defense determines to use the transfer
authority in subsection (a), the Secretary shall notify the
congressional defense committees of that determination not later than
30 days before the Secretary uses the transfer authority.
(including transfer of funds)
Sec. 8121. In addition to amounts appropriated in title III, title
IV, or otherwise made available elsewhere in this Act, $1,052,501,000
is hereby appropriated to the Department of Defense and made available
for transfer to the procurement and research, development, test and
evaluation accounts of the Army, Navy, Marine Corps, Air Force, and
Space Force to reflect revised economic assumptions: Provided, That
the transfer authority provided under this section is in addition to
any other transfer authority provided elsewhere in this Act: Provided
further, That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds.
Sec. 8122. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $956,400,000.
Sec. 8123. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the
program authorized by section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291), or under the heading ``Iraq Train and Equip
Fund'' for the program authorized by section 1236 of such Act, and not
yet transferred to authorized recipients may be transferred to foreign
security forces, irregular forces, groups, or individuals, authorized
to receive assistance using amounts provided under the heading
``Counter-ISIS Train and Equip Fund'' in this Act: Provided, That such
equipment may be transferred 15 days following written notification to
the congressional defense committees.
Sec. 8124. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $25,000,000, to remain available until
September 30, 2024, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations to counter
the Islamic State of Iraq and Syria: Provided, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, based
on documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following written notification to the appropriate congressional
committees: Provided further, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military and stability operations to counter the Islamic
State of Iraq and Syria, and 15 days following written notification to
the appropriate congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
Sec. 8125. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
Sec. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8127. Funds awarded pursuant to the authority in section 8085
of the Department of Defense Appropriations Act, 2010 (Public Law 111-
118) to the Edward M. Kennedy Institute for the Senate may be used for
facility operations and maintenance, and program activities, without
regard to any previous endowment disbursement limitations.
Sec. 8128. The Secretary of Defense shall notify the congressional
defense committees in writing not more than 30 days after the receipt
of any contribution of funds received from the government of a foreign
country for any purpose relating to the stationing or operations of the
United States Armed Forces: Provided, That such notification shall
include the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such contribution
was accepted by the Secretary of Defense: Provided further, That not
fewer than 15 days prior to obligating such funds, the Secretary of
Defense shall submit to the congressional defense committees in writing
a notification of the planned use of such contributions, including
whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8129. (a) The Chairman of the Joint Chiefs, in coordination
with the Secretaries of the military departments and the Chiefs of the
Armed Forces, shall submit to the congressional defense committees, not
later than 30 days after the last day of each quarter of the fiscal
year, a report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2023.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as
transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8130. Not later than 15 days after the date on which any
foreign base that involves the stationing or operations of the United
States Armed Forces, including a temporary base, permanent base, or
base owned and operated by a foreign country, is opened or closed, the
Secretary of Defense shall notify the congressional defense committees
in writing of the opening or closing of such base: Provided, That such
notification shall also include information on any personnel changes,
costs, and savings associated with the opening or closing of such base.
Sec. 8131. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States Armed Forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8132. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8133. Nothing in this Act may be construed as authorizing the
use of force against Iran or the Democratic People's Republic of Korea.
Sec. 8134. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8135. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'', and under the heading
``Operation and Maintenance, Defense-Wide'' for Department of Defense
security cooperation grant programs, may be used to procure or transfer
man-portable air defense systems.
Sec. 8136. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 8137. None of the funds made available by this Act may be
used to support any activity conducted by, or associated with, the
Wuhan Institute of Virology.
Sec. 8138. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8139. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8140. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8141. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8142. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8143. None of the funds made available by this Act may be
used to fund any work to be performed by EcoHealth Alliance, Inc. in
China on research supported by the government of China unless the
Secretary of Defense determines that a waiver to such prohibition is in
the national security interests of the United States and, not later
than 14 days after granting such a waiver, submits to the congressional
defense committees a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Defense Fund for fiscal year 2023 pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the account specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and Science
Act Fiscal Year 2023'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of
the CHIPS Act of 2022 only in amounts that are no more than the
allocation for such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(d) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Defense shall provide the Committees on
Appropriations of the House of Representatives and Senate quarterly
reports on the status of balances of projects and activities funded by
the CHIPS for America Defense Fund for amounts allocated pursuant to
subsection (a) of this section, including all uncommitted, committed,
and unobligated funds.
Sec. 8145. The Secretary of the Navy shall continue to provide pay
and allowances to Lieutenant Ridge Alkonis, United States Navy, until
such time as the Secretary of the Navy makes a determination with
respect to the separation of Lieutenant Alkonis from the Navy.
This division may be cited as the ``Department of Defense
Appropriations Act, 2023''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $172,500,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,808,800,000, to remain available until expended; of which
$75,518,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $370,000,000, to remain
available until expended, of which $15,390,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $5,078,500,000, to remain available until
expended, of which $2,227,092,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $56,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph
(2)(B) of section 14003 of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136): Provided, That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $218,000,000, to remain
available until September 30, 2024.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $400,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $215,000,000, to remain available until September 30, 2024, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2024: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), to specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and guaranteed
loan programs authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $7,200,000, to remain available until September
30, 2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2023, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $5,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,600,000 shall be available until
September 30, 2024, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2023, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,880,000 for administrative expenses.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,787,151,000, to remain available until expended, of
which $22,165,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $7,584,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That $500,000 shall be available for transfer into the Aging
Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or decreased
within the overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts made available under this heading,
$10,000,000 shall be deposited in the San Gabriel Basin Restoration
Fund established by section 110 of title I of division B of appendix D
of Public Law 106-554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall be
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall be
for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public Law
114-322 and as recommended by the Secretary in a letter dated November
30, 2022, funding provided for such purpose in fiscal years 2021 and
2022 shall be made available to the Los Vaqueros Reservoir Expansion
Project Phase 2, and the North-of-the-Delta Off Stream Storage (Sites
Reservoir Project): Provided further, That in accordance with section
4009(a) of Public Law 114-322 and as recommended by the Secretary in a
letter dated November 30, 2022, funding provided for such purpose in
fiscal year 2022 shall be made available to the El Paso Water Utilities
Public Service Board: Provided further, That in accordance with
section 4009(c) of Public Law 114-322 and as recommended by the
Secretary in a letter dated November 30, 2022, funding provided for
such purpose in fiscal year 2022 shall be made available to the Eastern
Municipal Water District.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in fiscal
year 2023 in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of Calfed Program management: Provided further,
That Calfed implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2024, $65,079,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase and replacement of not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2023, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``Final Bill'' columns in the
``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$750,000,000'' and inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 117-103, shall be applied by substituting
``2023'' for ``2022'' each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$25,000,000'' and
inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) shall be applied by substituting ``2023''
for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by
substituting ``2023'' for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2023''
for ``2022'' and by substituting ``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 529(b)(3) of the Water Resources Development Act
of 2000 (Public Law 106-541) as amended, is amended by striking
``$30,000,000'' and inserting ``$40,000,000''.
Sec. 208. None of the funds made available by this Act may be used
for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and
Related Agencies Appropriations Act, 2020 and prior to enactment of
this Act by the Secretary of the Interior and transmitted to the
appropriate committees of Congress pursuant to section 4007 of the
Water Infrastructure Improvements for the Nation Act (Public Law 114-
322) if such project is not named in this Act, Public Law 116-260, or
Public Law 117-43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $3,460,000,000, to
remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2024, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $200,000,000, to remain available until expended: Provided,
That of such amount, $25,143,000 shall be available until September 30,
2024, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $350,000,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall be
available until September 30, 2024, for program direction.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,473,000,000, to remain available until
expended, of which $20,000,000 shall be transferred to ``Department of
Energy--Energy Programs--Science'', for hot cells operations and
maintenance: Provided, That of such amount, $85,000,000 shall be
available until September 30, 2024, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Final Bill'' column
in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management research and development activities, under
the authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $890,000,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until September 30,
2024, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$221,968,652, to remain available until expended, for projects
specified in the table that appears under the heading ``Community
Project Funding and Congressionally Directed Spending of Energy
Projects'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,004,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $207,175,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended: Provided, That of the unobligated
balances from amounts deposited under this heading pursuant to section
167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6247(b)(3)), $2,052,000,000 is hereby permanently rescinded not later
than September 30, 2023.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of one passenger motor
vehicle, $358,583,000, to remain available until expended: Provided,
That in addition, fees collected pursuant to subsection (b)(1) of
section 6939f of title 42, United States Code, and deposited under this
heading in fiscal year 2023 pursuant to section 309 of title III of
division C of Public Law 116-94 are appropriated, to remain available
until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$879,052,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$14,800,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
including one ambulance, for replacement only, $8,100,000,000, to
remain available until expended: Provided, That of such amount,
$211,211,000 shall be available until September 30, 2024, for program
direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to
remain available until expended, which shall be derived from the
Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $22,098,000, to remain available
until expended: Provided, That of such amount, $13,183,000 shall be
available until September 30, 2024, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for clean energy demonstrations in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $89,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
available until September 30, 2024, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $470,000,000, to remain available until expended:
Provided, That of such amount, $37,000,000 shall be available until
September 30, 2024, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to
remain available until September 30, 2024: Provided further, That up
to $66,206,000 of fees collected in fiscal year 2023 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2024: Provided further, That to the
extent that fees collected in fiscal year 2023 exceed $66,206,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2023 (estimated at
$35,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2023 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in the
first proviso of section 1425 of the Department of Defense and Full-
Year Continuing Appropriations Act, 2011 (Public Law 112-10) for the
cost of loan guarantees under section 1703 of the Energy Policy Act of
2005, $150,000,000 are hereby permanently rescinded: Provided, That,
subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for eligible projects under title XVII
of the Energy Policy Act of 2005, shall not exceed a total principal
amount of $15,000,000,000, to remain available until committed:
Provided further, That the amounts provided under this paragraph are in
addition to those provided in any other Act: Provided further, That
for amounts collected pursuant to section 1702(b)(2) of the Energy
Policy Act of 2005, the source of such payment received from borrowers
may not be a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan guarantee
authority made available under this paragraph shall be available for
commitments to guarantee loans for any projects where funds, personnel,
or property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases, procurements,
sales, other transaction authority, or other arrangements, to support
the project or to obtain goods or services from the project: Provided
further, That the preceding proviso shall not be interpreted as
precluding the use of the loan guarantee authority provided under this
paragraph for commitments to guarantee loans for: (1) projects as a
result of such projects benefitting from otherwise allowable Federal
income tax benefits; (2) projects as a result of such projects
benefitting from being located on Federal land pursuant to a lease or
right-of-way agreement for which all consideration for all uses is: (A)
paid exclusively in cash; (B) deposited in the Treasury as offsetting
receipts; and (C) equal to the fair market value as determined by the
head of the relevant Federal agency; (3) projects as a result of such
projects benefitting from Federal insurance programs, including under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly
known as the ``Price-Anderson Act''); or (4) electric generation
projects using transmission facilities owned or operated by a Federal
Power Marketing Administration or the Tennessee Valley Authority that
have been authorized, approved, and financed independent of the project
receiving the guarantee: Provided further, That none of the loan
guarantee authority made available under this paragraph shall be
available for any project unless the Director of the Office of
Management and Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under this
paragraph.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $9,800,000, to remain available until September 30, 2024.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2024: Provided, That in this
fiscal year and subsequent fiscal years, under section 2602(c) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy
may also provide direct loans, as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further,
That such direct loans shall be made through the Federal Financing
Bank, with the full faith and credit of the United States Government on
the principal and interest: Provided further, That any funds
previously appropriated for the cost of loan guarantees under section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also
be used, in this fiscal year and subsequent fiscal years, for the cost
of direct loans provided under such section of such Act: Provided
further, That for the cost of direct loans for the Tribal Energy Loan
Guarantee Program as provided for in the preceding three provisos and
for the cost of guaranteed loans for such program under section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, to
remain available until expended: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2024, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$383,578,000, to remain available until September 30, 2024, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $100,578,000 in fiscal year
2023 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2023 appropriation from the general fund estimated at not more than
$283,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$86,000,000, to remain available until September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $17,116,119,000, to
remain available until expended: Provided, That of such amount,
$130,070,000 shall be available until September 30, 2024, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,490,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $2,081,445,000,
to remain available until expended, of which, $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $58,525,000 shall be available until September 30, 2024, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $475,000,000, to remain
available until September 30, 2024, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $7,025,000,000, to
remain available until expended: Provided, That of such amount,
$317,002,000 shall be available until September 30, 2024, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$586,035,000, to be deposited into the Defense Environmental Cleanup
account, which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,035,000,000, to remain available until expended:
Provided, That of such amount, $364,734,000 shall be available until
September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph
Hatchery Water Quality Project, and Umatilla Hatchery Facility Project
and, in addition, for official reception and representation expenses in
an amount not to exceed $5,000: Provided, That during fiscal year
2023, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,173,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $8,173,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$78,696,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $53,488,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $10,608,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $299,573,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $299,573,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $98,732,000, of which $98,732,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $6,102,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2023 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2023, the
Administrator of the Western Area Power Administration may accept up to
$1,598,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $508,400,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $508,400,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2023 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2023 so as to result in a
final fiscal year 2023 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 306. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. All unavailable collections currently in the United
States Enrichment Corporation Fund shall be transferred to and merged
with the Uranium Enrichment Decontamination and Decommissioning Fund
and shall be available only to the extent provided in advance in
appropriations Acts.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2) of
Public Law 117-58, paragraph (3) of section 1702(r) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section
40401(c)(2)(C) of Public Law 117-58, and subsection (l) of section 136
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(l)), are hereby repealed.
Sec. 309. (a) Hereafter, for energy development, demonstration, and
deployment programs funded under Department of Energy appropriations
(other than those for the National Nuclear Security Administration and
Office of Environmental Management) provided for fiscal year 2022, the
current fiscal year, or any fiscal year thereafter (including by Acts
other than appropriations Acts), the Secretary may vest unconditional
title or other property interests acquired under projects in an award
recipient, subrecipient, or successor in interest, including the United
States, at the conclusion of the award period for projects receiving an
initial award in fiscal year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection (a) in
an award recipient, subrecipient, or successor in interest other than
the United States, the United States shall have no liabilities or
obligations to the property.
(c) For purposes of this section, the term ``property interest''
does not include any interest in intellectual property developed using
funding provided under a project.
Sec. 310. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for
expenses necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $41,401,000, to
remain available until September 30, 2024, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $30,100,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $17,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not
the sole or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $40,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $20,000,000, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $911,384,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2024:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $777,498,000
in fiscal year 2023 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2023 so as to result in a final fiscal year 2023
appropriation estimated at not more than $133,886,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$15,769,000, to remain available until September 30, 2024: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $12,655,000 in fiscal year 2023
shall be retained and be available until September 30, 2024, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2023 so as to result in a final fiscal year
2023 appropriation estimated at not more than $3,114,000: Provided
further, That of the amounts appropriated under this heading,
$1,520,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,945,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2024.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2023''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities, $273,882,000, of which not
less than $12,000,000 shall be available for the administration of
financial assistance, in addition to amounts otherwise available for
such purposes: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in
the United States, $21,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available in addition to any
other funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided further, That
the total amount appropriated under this heading from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2023, so as to result in a total appropriation from the
general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $216,059,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$12,000,000 shall remain available until September 30, 2024.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $100,000,000, to remain
available until September 30, 2025: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $6,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $11,118,000, to
remain available until September 30, 2025: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$48,878,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2024, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $174,250,000, of which $5,000,000 shall remain
available until September 30, 2024; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $9,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $25,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$190,193,000, of which not to exceed $55,000,000 shall remain available
until September 30, 2025.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $372,485,000; of which not to exceed $8,000,000, to remain
available until September 30, 2025, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$148,863,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2024, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2023 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
(1) not less than $196,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2024, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used for the
cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with disabilities,
and of which up to $2,000,000 shall be for the Economic
Mobility Corps to be operated in conjunction with the
Corporation for National and Community Service, pursuant to 42
U.S.C. 12571: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
provided under this paragraph, excluding those made to
community development financial institutions to expand
investments that benefit individuals with disabilities and
those made to community development financial institutions that
serve populations living in persistent poverty counties, the
CDFI Fund shall prioritize Financial Assistance awards to
organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2016-2020 5-year
data series available from the American Community Survey of the
Bureau of the Census for all States and Puerto Rico or with a
poverty rate of at least 20 percent as measured by the 2010
Island areas Decennial Census data for any territory or
possession of the United States;
(2) not less than $25,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2024, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $35,000,000 is available until September
30, 2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $9,000,000 is available until September
30, 2024, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund programs and
the New Markets Tax Credit Program, of which not less than
$1,000,000 is for the development of tools to better assess and
inform CDFI investment performance and CDFI program impacts,
and up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(7) during fiscal year 2023, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such section 114A
shall remain in effect until December 31, 2023: Provided
further, That of the funds awarded under this heading, except
those provided for the Economic Mobility Corps, not less than
10 percent shall be used for awards that support investments
that serve populations living in persistent poverty counties:
Provided further, That for the purposes of this paragraph and
paragraph (1), the term ``persistent poverty counties'' means
any county, including county equivalent areas in Puerto Rico,
that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the 2016-2020 5-year data series
available from the American Community Survey of the Bureau of
the Census or any other territory or possession of the United
States that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990,
2000 and 2010 Island Areas Decennial Censuses, or equivalent
data, of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,780,606,000, of which not to exceed
$100,000,000 shall remain available until September 30, 2024, of which
not less than $11,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $26,000,000 shall be available
for low-income taxpayer clinic grants, including grants to individual
clinics of up to $200,000, of which not less than $40,000,000, to
remain available until September 30, 2024, shall be available for the
Community Volunteer Income Tax Assistance Matching Grants Program for
tax return preparation assistance, and of which not less than
$236,000,000 shall be available for operating expenses of the Taxpayer
Advocate Service: Provided, That of the amounts made available for the
Taxpayer Advocate Service, not less than $7,000,000 shall be for
identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2024; of which
not less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program; and of which not to exceed $25,000,000 shall be
for investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance and security; the
hire of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2024; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2025, for research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing major information technology investments
in the Internal Revenue Service Integrated Modernization Business Plan
portfolio, including detailed, plain language summaries on the status
of plans, costs, and results; prior results and actual expenditures of
the prior quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year: Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2024, a summary of
cost and schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States
Code, funds appropriated to the Internal Revenue Service in this Act
may be used to provide passenger carrier transportation and protection
between the Commissioner of Internal Revenue's residence and place of
employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2023 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2023.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 123. During fiscal year 2023--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and
the Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 126. In addition to amounts otherwise available, there is
appropriated to the Special Inspector General for Pandemic Recovery,
$12,000,000, to remain available until expended, for necessary expenses
in carrying out section 4018 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
Sec. 127. Section 127 of the Department of the Treasury
Appropriations Act, 2019 (title I of division D of Public Law 116-6) is
amended by inserting before the period at the end the following: ``,
including public improvements in the area around such facility to
mitigate traffic impacts caused by the construction and occupancy of
the facility''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,609,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000,
to remain available until expended, for required maintenance,
resolution of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,903,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $17,901,000, of which not to exceed $10,000 shall be available
for official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $115,463,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That of the amounts provided under this
heading, up to $7,000,000 shall be available for a program to provide
payments (such as stipends, subsistence allowances, cost
reimbursements, or awards) to students, recent graduates, and veterans
recently discharged from active duty who are performing voluntary
services in the Executive Office of the President under section 3111(b)
of title 5, United States Code, or comparable authority and shall be in
addition to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not be
considered compensation for purposes of such section 3111(b) and may be
paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $128,035,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly: Provided further, That no later than
14 days after the submission of the budget of the United States
Government for fiscal year 2024, the Director of the Office of
Management and Budget shall make publicly available on a website a
tabular list for each agency that submits budget justification
materials (as defined in section 3 of the Federal Funding
Accountability and Transparency Act of 2006) that shall include, at
minimum, the name of the agency, the date on which the budget
justification materials of the agency were submitted to Congress, and a
uniform resource locator where the budget justification materials are
published on the website of the agency.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,902,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), $21,926,000, of which not to exceed $5,000 shall
be available for official reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $21,500,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $302,000,000,
to remain available until September 30, 2024, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $5,800,000 may be used for auditing
services and associated activities and $1,500,000 shall be for the
Grants Management System for use by the Office of National Drug Control
Policy: Provided further, That any unexpended funds obligated prior to
fiscal year 2021 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2022, shall be funded at not
less than the fiscal year 2022 base level, unless the Director submits
to the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2023 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as
determined in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein and
upon notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $137,120,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which not more
than $12,780,000 is for administrative expenses, and of which
$2,500,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by section 8204 of Public Law 115-271;
$3,000,000 for drug court training and technical assistance;
$15,250,000 for anti-doping activities; up to $3,420,000 for the United
States membership dues to the World Anti-Doping Agency; $1,250,000 for
the Model Acts Program; and $5,200,000 for activities authorized by
section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal
departments and agencies to carry out such activities: Provided
further, That the Director of the Office of National Drug Control
Policy shall, not fewer than 30 days prior to obligating funds under
this heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2024.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $13,700,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $6,076,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $321,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2023, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2023; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2023 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
issue a memorandum to all Federal departments, agencies, and
corporations directing compliance with the provisions in title VII of
this Act.
Sec. 204. In fiscal year 2023 and each fiscal year thereafter--(1)
the Office of Management and Budget shall operate and maintain the
automated system required to be implemented by section 204 of the
Financial Services and General Government Appropriations Act, 2022
(division E of Public Law 117-103) and shall continue to post each
document apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated footnotes, in a
format that qualifies each such document as an open Government data
asset (as that term is defined in section 3502 of title 44, United
States Code); and (2) the requirements specified in subsection (c), the
first and second provisos of subsection (d)(1), and subsection (d)(2)
of such section 204 shall continue to apply.
Sec. 205. For an additional amount for ``Office of National Drug
Control Policy--Salaries and Expenses'', $10,482,000, which shall be
for initiatives in the amounts and for the projects specified in the
table that appears under the heading ``Administrative Provisions--
Executive Office of the President and Funds Appropriated to the
President'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
none of the funds made available by this section may be transferred for
any other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2023''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $109,551,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $29,246,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,905,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,975,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,382,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court or Administrative Office of
the United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or
Administrative Office of the United States Courts operations, building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $750,163,000, of which not to exceed
$20,000,000 shall remain available until expended, to be expended
directly or transferred to the United States Marshals Service, which
shall be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts and
the Attorney General: Provided, That funds made available under this
heading may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary, United
States Marshals Service, Federal Protective Service, General Services
Administration, other Federal agencies, state and local governments and
the public; and, notwithstanding sections 331, 566(e)(1), and 566(i) of
title 28, United States Code, for identifying and pursuing the
voluntary redaction and reduction of personally identifiable
information on the internet of judges and other familial relatives who
live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $102,673,000, of which not to exceed $8,500 is authorized
for official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which $1,800,000 shall
remain available through September 30, 2024, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $21,641,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--the Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``31 years and 6 months'' and inserting
``32 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``29 years and 6 months'' and
inserting ``30 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``20 years'' and
inserting ``21 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``19 years and 6 months''
and inserting ``20 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``18 years'' and inserting ``19
years''.
Sec. 307. Section 677 of title 28, United States Code, is amended
by adding at the end the following:
``(d) The Counselor, with the approval of the Chief Justice, shall
establish a retention and recruitment program that is consistent with
section 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1926) for
Supreme Court Police officers and other critical employees who agree in
writing to remain employed with the Supreme Court for a period of
service of not less than two years.''.
Sec. 308. Section 996(b) of title 28, United States Code, is
amended by inserting ``84 (Federal Employees' Retirement System),''
after ``83 (Retirement),''.
This title may be cited as the ``Judiciary Appropriations Act,
2023''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$30,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $291,068,000 to be
allocated as follows: for the District of Columbia Court of Appeals,
$15,055,000, of which not to exceed $2,500 is for official reception
and representation expenses; for the Superior Court of the District of
Columbia, $140,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of Columbia
Court System, $88,290,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $46,750,000, to
remain available until September 30, 2024, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to the
amounts appropriated herein, fees received by the District of Columbia
Courts for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.50): Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies: Provided
further, That of the unobligated balances from prior year
appropriations made available under this heading, $22,000,000, are
hereby rescinded not later than September 30, 2023.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$285,016,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$204,579,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $7,798,000 shall
remain available until September 30, 2025, for costs associated with
the relocation under replacement leases for headquarters offices, field
offices and related facilities: Provided further, That, of the funds
appropriated under this heading, $80,437,000 shall be available to the
Pretrial Services Agency, of which $998,000 shall remain available
until September 30, 2025, for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $53,629,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of title 5,
United States Code: Provided further, That for the purposes of
engaging with, and receiving services from, Federal Franchise Fund
Programs established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of Columbia
Public Defender Service shall be considered an agency of the United
States Government: Provided further, That the District of Columbia
Public Defender Service may enter into contracts for the procurement of
severable services and multiyear contracts for the acquisition of
property and services to the same extent and under the same conditions
as an executive agency under sections 3902 and 3903 of title 41, United
States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,450,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2024, to the Commission on Judicial Disabilities and Tenure, $330,000,
and for the Judicial Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $1,750,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in section 3009 of
the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2023 Local Budget Act of 2022 (D.C. Act 24-486) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2023 under this
heading shall not exceed the estimates included in the Fiscal Year 2023
Local Budget Act of 2022, as amended as of the date of enactment of
this Act or the sum of the total revenues of the District of Columbia
for such fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2023, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2023''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,465,000, to
remain available until September 30, 2024, of which not to exceed
$1,000 is for official reception and representation expenses.
Barry Goldwater Scholarship and Excellence in Education Foundation
salaries and expenses
For payment to the Barry Goldwater Scholarship and Excellence in
Education Fund, established by section 1408 of Public Law 99-661 (20
U.S.C. 4707), for necessary expenses to carry out activities pursuant
to the Barry Goldwater Scholarship and Excellence in Education Act of
1986 (20 U.S.C. 4701 et seq.), $2,000,000, to remain available until
expended.
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$20,000,000 shall remain available until September 30, 2024, and of
which not less than $4,218,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $152,500,000, of which
$2,000,000 shall remain available until expended, to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004), and of which $2,000,000 shall remain available until
expended, to carry out the program, including administrative costs,
required by section 204 of the Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division
Q of Public Law 117-103).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $28,000,000, of which $1,500,000 shall be
made available to the National Institute of Standards and Technology
for election reform activities authorized under the Help America Vote
Act of 2002, and of which $1,000,000, to remain available until
expended, shall be for the Help America Vote College Program as
authorized by title V of the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be
deemed to be a State and, for purposes of sections 101(d)(2) and 103(a)
shall be treated in the same manner as the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ``Administrator of General
Services'' or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103 shall be
deemed to refer to ``$1,000,000'' and each reference to ``$1,000,000''
in section 103 shall be deemed to refer to ``$200,000'': Provided
further, That not later than two years after receiving a payment under
this heading, a State shall make available funds for such activities in
an amount equal to 20 percent of the total amount of the payment made
to the State under this heading: Provided further, That not later than
45 days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under this
heading: Provided further, That States shall submit quarterly
financial reports and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $390,192,000, to remain available until expended: Provided, That
$390,192,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2023 so as to result in a final fiscal year
2023 appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $132,231,000 for fiscal year 2023:
Provided further, That, of the amount appropriated under this heading,
not less than $12,131,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2022''
each place it appears and inserting ``December 31, 2023''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$47,500,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $81,674,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$29,400,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $430,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, fees collected in fiscal
year 2023 for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), (and
estimated to be $190,000,000 in fiscal year 2023) shall be retained and
used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That, notwithstanding any
other provision of law, fees collected to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
regardless of the year of collection (and estimated to be $20,000,000
in fiscal year 2023), shall be credited to this account, and be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced (1) as such
offsetting collections are received during fiscal year 2023 and (2) to
the extent that any remaining general fund appropriations can be
derived from amounts credited to this account as offsetting collections
in previous fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2023 appropriation from the general fund
estimated at $48,000,000: Provided further, That, notwithstanding
section 605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a
note), none of the funds credited to this account as offsetting
collections in previous fiscal years that were unavailable for
obligation as of September 30, 2022, shall become available for
obligation except as provided in the preceding proviso: Provided
further, That none of the funds made available to the Federal Trade
Commission may be used to implement subsection (e)(2)(B) of section 43
of the Federal Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $10,013,150,000, of which--
(1) $807,809,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) and
remediation, in addition to amounts otherwise provided for such
purposes, as follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase Option,
$21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
Provided, That each of the foregoing limits of costs on
construction, acquisition, and remediation projects may be
exceeded to the extent that savings are effected in other such
projects, but not to exceed 20 percent of the amounts included
in a transmitted prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of
the House of Representatives and the Senate of a greater
amount;
(2) $662,280,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise
provided for such purposes, of which--
(A) $244,783,000 is for Major Repairs and
Alterations as follows:
Multiple Locations:
National Conveying Systems, $30,000,000;
National Capital Region:
Fire Alarm Systems, $40,000,000;
California:
San Francisco, Federal Building, $15,687,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000;
Massachusetts:
Boston, John J. Moakley U.S. Courthouse, $10,345,000;
Montana:
Butte, Mike Mansfield Federal Building and U.S. Courthouse,
$25,792,000;
New York:
New York, Alexander Hamilton U.S. Custom House,
$68,497,000;
Ohio:
Cleveland, Carl B. Stokes U.S. Courthouse, $10,235,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
Post Office, $3,093,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse, $12,927,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and Custom
House, $17,978,000;
(B) $398,797,000 is for Basic Repairs and
Alterations, of which $3,000,000 is for repairs to the
water feature at the Wilkie D. Ferguson Jr. U.S.
Courthouse in Miami, FL; and
(C) $18,700,000 is for Special Emphasis Programs as
follows:
Judiciary Capital Security Program, $18,700,000;
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 20
percent unless advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the
Senate of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved may be
funded under this category only if advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines
of the appropriate Committees of the House and Senate:
Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior
Act, under the heading ``Repairs and Alterations'', may be
transferred to ``Basic Repairs and Alterations'' or used to
fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
``Basic Repairs and Alterations'' may be used to pay claims
against the Government arising from any projects under the
heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,561,680,000 for rental of space to remain available
until expended; and
(4) $2,981,381,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under 40 U.S.C.
592(b)(2) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2023, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy associated with the management of real and
personal property assets and certain administrative services;
Government-wide policy support responsibilities relating to
acquisition, travel, motor vehicles, information technology management,
and related technology activities; and services as authorized by 5
U.S.C. 3109; and evaluation activities as authorized by statute;
$71,186,000, of which $4,000,000 shall remain available until September
30, 2024.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, and management; the hire of zero-emission passenger
motor vehicles and supporting charging or fueling infrastructure; and
services as authorized by 5 U.S.C. 3109; $54,478,000, of which not to
exceed $7,500 is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$10,352,000, of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $74,583,000: Provided, That not
to exceed $3,000,000 shall be available for information technology
enhancements related to implementing cloud services, improving security
measures, and providing modern technology case management solutions:
Provided further, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the Government,
including payment for recovery of stolen Government property: Provided
further, That not to exceed $2,500 shall be available for awards to
employees of other Federal agencies and private citizens in recognition
of efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for expenses authorized by law, not otherwise provided for, in support
of interagency projects that enable the Federal Government to enhance
its ability to conduct activities electronically, through the
development and implementation of innovative uses of information
technology; $90,000,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred
to Federal agencies to carry out the purpose of the Federal Citizen
Services Fund: Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall be
available until expended for necessary expenses of Federal Citizen
Services and other activities that enable the Federal Government to
enhance its ability to conduct activities electronically in the
aggregate amount not to exceed $200,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2023 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That, of the
total amount appropriated, up to $5,000,000 shall be available for
support functions and full-time hires to support activities related to
the Administration's requirements under title II of the Foundations for
Evidence-Based Policymaking Act of 2018 (Public Law 115-435): Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $50,000,000, to remain
available until expended, for technology-related modernization
activities.
working capital fund
For the Working Capital Fund of the General Services
Administration, $5,900,000, to remain available until expended, for
necessary costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal rulemaking
agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2023 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2024
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to projects funded under the heading
``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. The Administrator of the General Services Administration
shall select a site from one of the three listed in the General
Services Administration (GSA) Fiscal Year 2017 PNCR-FBI-NCR17
prospectus for a new fully consolidated Federal Bureau of Investigation
(FBI) headquarters.
In considering the September 2022 and amended November 2022 GSA
Site Selection Plan for the FBI Suburban Headquarters, not later than
90 days after enactment of this Act, prior to any action by the GSA
site selection panel for the new Federal FBI headquarters, the GSA
Administrator shall conduct separate and detailed consultations with
individuals representing the sites from the State of Maryland and
Commonwealth of Virginia to further consider perspectives related to
mission requirements, sustainable siting and equity, and evaluate the
viability of the GSA's Site Selection Criteria for the FBI Headquarters
to ensure it is consistent with Congressional intent as expressed in
the resolution of the Committee on Environment and Public Works of the
Senate (112th Congress), adopted December 8, 2011 and further described
in the General Services Administration Fiscal Year 2017 PNCR-FBI-NCR17
prospectus. Following those consultations, the Administrator shall
proceed with the site selection process.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $3,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $49,655,000, to remain available until
September 30, 2024, and in addition not to exceed $2,345,000, to remain
available until September 30, 2024, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available for direct
expenditure until expended, of which, notwithstanding sections 8 and 9
of such Act, up to $1,000,000 shall be available to carry out the
activities authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That all
current and previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain available until
expended for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with the Inspector General Act
of 1978 (5 U.S.C. App.), as amended, and for annual independent
financial audits of the Morris K. Udall and Stewart L. Udall Foundation
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts transferred to the
Office of Inspector General of the Department of the Interior may be
transferred to the Morris K. Udall and Stewart L. Udall Foundation for
annual independent financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,943,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $427,520,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records, and of which up to $2,000,000 shall remain
available until expended to implement the Civil Rights Cold Case
Records Collection Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and to
provide adequate storage for holdings, $22,224,000, to remain available
until expended, of which no less than $7,250,000 is for upgrades to the
Carter Presidential Library in Atlanta, Georgia and of which $6,000,000
is for the Ulysses S. Grant Presidential Museum in Starkville,
Mississippi.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $12,000,000,
to remain available until expended, of which up to $2,000,000 shall be
to preserve and make publicly available the congressional papers of
former Members of the House and Senate.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $22,573,000,
which shall be for initiatives in the amounts and for the projects
specified in the table that appears under the heading ``Administrative
Provisions--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000 shall be
available until September 30, 2024, for technical assistance to low-
income designated credit unions: Provided, That credit unions
designated solely as minority depository institutions shall be eligible
to apply for and receive such technical assistance.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Representative Louise McIntosh
Slaughter Stop Trading on Congressional Knowledge Act of 2012,
including services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official reception and
representation expenses, $24,500,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $190,784,000:
Provided, That of the total amount made available under this heading,
$19,373,000 shall remain available until expended, for information
technology modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds otherwise
made available for such purposes: Provided further, That of the total
amount made available under this heading, $1,381,748 may be made
available for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the
recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $194,924,000 for administrative expenses,
to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2023, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized by
subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40 U.S.C.
11301 note): Provided further, That the OPM Director shall notify, and
receive approval from, the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of any
transfer under the preceding proviso: Provided further, That amounts
transferred to such a fund under such transfer authority from any
organizational category of OPM shall not exceed 5 percent of each such
organizational category's budget as identified in the report required
by section 608 of this Act: Provided further, That amounts transferred
to such a fund shall remain available for obligation through September
30, 2026.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,908,000, and in addition, not to exceed $29,487,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $31,904,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $10,600,000, to
remain available until September 30, 2024.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $4,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $2,149,000,000, to remain available until
expended; of which not less than $18,979,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's District of Columbia headquarters facilities, not to
exceed $57,405,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities, not to
exceed $3,365,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2023, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2023:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $2,149,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$57,405,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $3,365,000 of such
offsetting collections shall be available until expended for move,
replication, and related costs under this heading associated with a
replacement lease for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2023 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2023 appropriation from the general fund estimated at
not more than $0: Provided further, That if any amount of the
appropriation for move, replication, and related costs associated with
a replacement lease for the Commission's District of Columbia
headquarters facilities or if any amount of the appropriation for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities is
subsequently de-obligated by the Commission, such amount that was
derived from the general fund shall be returned to the general fund,
and such amounts that were derived from fees or assessments collected
for such purpose shall be paid to each national securities exchange and
national securities association, respectively, in proportion to any
fees or assessments paid by such national securities exchange or
national securities association under section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) in fiscal year 2023.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $31,700,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $326,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2023: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2024:
Provided further, That $20,000,000 shall be available for costs
associated with the certification of small business concerns owned and
controlled by veterans or service-disabled veterans under sections 36A
and 36 of the Small Business Act (15 U.S.C. 657f-1; 657f),
respectively, and section 862 of Public Law 116-283, to be available
until September 30, 2024.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $320,000,000, to remain available until
September 30, 2024: Provided, That $140,000,000 shall be available to
fund grants for performance in fiscal year 2023 or fiscal year 2024 as
authorized by section 21 of the Small Business Act: Provided further,
That $41,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $20,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $10,211,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2023
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 and commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
$15,000,000,000: Provided further, That during fiscal year 2023
commitments for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act shall not exceed
$35,000,000,000 for a combination of amortizing term loans and the
aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2023 commitments to guarantee
loans for debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $5,000,000,000: Provided
further, That during fiscal year 2023, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $15,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
$165,300,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $179,000,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $169,000,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by the Congress as being for disaster
relief pursuant to a concurrent resolution on the budget in the Senate
and section 1(f) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2026.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $179,710,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and acquisition
activities, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That, notwithstanding sections 2701.92 and 2701.93 of
title 2, Code of Federal Regulations, the Administrator of the Small
Business Administration may permit awards to subrecipients for
initiatives funded under this section: Provided further, That none of
the funds made available by this section may be transferred for any
other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $50,253,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall
continue to offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$271,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses, $57,300,000, of which
$1,000,000 shall remain available until expended: Provided, That the
amount made available under 26 U.S.C. 7475 shall be transferred and
added to any amounts available under 26 U.S.C. 7473, to remain
available until expended, for the operation and maintenance of the
United States Tax Court: Provided further, That travel expenses of the
judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, except for transfers made pursuant
to the authority in section 3173(d) of title 40, United States Code,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2023, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation, detailing both full-time
employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation and its respective prior year enacted
level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 619. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 623. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 624. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II: Provided
further, That any such alternative mechanism shall maintain existing
high-cost support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 625. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission funded by this Act of more than $500,000 at any single
conference unless the agency or entity determines that such attendance
is in the national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended, shall
be provided for an additional amount for such purpose to the Inspectors
General Council Fund established pursuant to section 11(c)(3)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.): Provided, That these
amounts shall be in addition to any amounts or any authority available
to the Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.).
Sec. 630. None of the funds made available by this Act may be
obligated on contracts in excess of $5,000 for public relations, as
that term is defined in Office and Management and Budget Circular A-87
(revised May 10, 2004), unless advance notice of such an obligation is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 631. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 632. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each appropriation, by the source year of the
appropriation.
Sec. 635. (a) Section 41002(c)(1) of Public Law 114-94 (42 U.S.C.
4370m-1(c)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Personnel.--The Executive Director of the
Council may appoint and fix the compensation of such
employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the
Executive Director.''.
(b) Section 41009(d)(2) of Public Law 114-94 (42 U.S.C. 4370m-
8(d)(2)) is amended by striking ``staffing of the Office of the
Executive Director'' and inserting ``appointing and fixing the
compensation of such employees as the Executive Director considers
necessary to carry out the roles and responsibilities of the Executive
Director''.
Sec. 636. (a) Designation.--The Federal building located at 90 7th
Street in San Francisco, California, shall be known and designated as
the ``Speaker Nancy Pelosi Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Speaker Nancy Pelosi Federal Building''.
Sec. 637. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $150,000,000 shall be permanently
rescinded not later than September 30, 2023.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2023 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $26,733 except station wagons for which
the maximum shall be $27,873: Provided, That these limits may be
exceeded by not to exceed $7,775 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of paragraphs (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-Wide
Policy'' during fiscal year 2023 shall remain available for obligation
through September 30, 2024: Provided further, That not later than 90
days after enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator of
General Services, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a detailed spend
plan for the funds to be transferred or reimbursed: Provided further,
That the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the estimate
of amounts to be transferred or reimbursed in fiscal year 2023; (ii) a
detailed breakdown of the purposes for all funds estimated to be
transferred or reimbursed pursuant to this section (including total
number of personnel and costs for all staff whose salaries are provided
for by this section); (iii) where applicable, a description of the
funds intended for use by or for the benefit of each executive council;
and (iv) where applicable, a description of the funds intended for use
by or for the implementation of specific laws passed by Congress:
Provided further, That no transfers or reimbursements may be made
pursuant to this section until 15 days following notification of the
Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, Space,
and Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2023, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a Member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2023, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2023, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2023 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2023 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2022, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2022, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2023 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described in
section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title 5,
United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2022.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2023 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2023 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 740. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of
law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2023, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2023 shall be the rate payable to
the Vice President on December 31, 2022, by operation of section 747 of
division E of Public Law 117-103.
(b) Notwithstanding any official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2023 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2022, by operation of section 747 of division E of Public Law 117-103.
Such an employee may not receive a rate increase during calendar year
2023, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not receive a
pay rate increase during calendar year 2023, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase
during calendar year 2023, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable limitations on payable rates of pay in effect on December
31, 2022, by operation of section 747 of division E of Public Law 117-
103.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2022, by operation of section 747 of division E
of Public Law 117-103.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but ends in
calendar year 2024, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
Sec. 748. In the event of a violation of the Impoundment Control
Act of 1974, the President or the head of the relevant department or
agency, as the case may be, shall report immediately to the Congress
all relevant facts and a statement of actions taken: Provided, That a
copy of each report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General on the same date the report is transmitted to the
Congress.
Sec. 749. (a) Each department or agency of the executive branch of
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation
or the execution of a program, project, or activity by such
department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2023 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV
of the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 CFR 200.334, regarding records retention, and 2
CFR 200.337, regarding access by the Comptroller General of the United
States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget (in this section referred to as the ``Director''), in
coordination with the Architectural and Transportation Barriers
Compliance Board and the Administrator of General Services (in this
section referred to as the ``Administrator''), shall disseminate
amended or updated criteria and instructions to any Federal department
or agency (in this section referred to as an ``agency'') covered by
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) for the
evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall--
(A) include, at minimum, requirements that information
technologies and digital services must-
(i) conform to the technical standards referenced
in subsection (a)(2)(A) of such section 508, as
determined by appropriate conformance testing; and
(ii) be accessible to and usable by individuals
with disabilities as determined from consultation with
individuals with disabilities, including those with
visual, auditory, tactile, and cognitive disabilities,
or members of any disability organization; and
(B) provide guidance to agencies regarding the types and
format of data and information to be submitted to the Director
and the Administrator pursuant to paragraph (3), including how
to submit such data and information, the metrics by which
compliance will be assessed in the reports required in
subsection (b), and any other directions necessary for agencies
to demonstrate compliance with accessibility standards for
electronic and information technology procured and in use
within an agency, as required by such section 508.
(3) Not later than 225 days after the date of enactment of this
Act, the head of each agency shall--
(A) evaluate the extent to which the electronic and
information technology of the agency are accessible to and
usable by individuals with disabilities described in subsection
(a)(1) of such section 508 compared to the access to and use of
the technology and services by individuals described in such
section who are not individuals with disabilities;
(B) evaluate the electronic and information technology of
the agency in accordance with the criteria and instructions
provided in paragraph (1); and
(C) submit a report containing the evaluations jointly to
the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator, in consultation with
the Director, shall prepare and submit to the Committees on
Appropriations and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations and Oversight and Reform of
the House of Representatives a report that shall include--
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by each
agency, and by the Federal Government generally, with the
criteria and instructions disseminated under subsection (a)(1);
(B) a detailed description of the actions, activities, and
other efforts made by the Administrator over the year preceding
submission to support such compliance at agencies and any
planned efforts in the coming year to improve compliance at
agencies; and
(C) a list of recommendations that agencies or Congress may
take to help support that compliance.
(2) The Administrator shall ensure that the reports required under
this subsection are made available on a public website and are
maintained as an open Government data asset (as that term is defined in
section 3502 of title 44, United States Code).
Sec. 753. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Federal Citizen Services Fund'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds, in addition to amounts otherwise available, shall be
administered by the Administrator of General Services to carry out the
purposes of the Federal Citizen Services Fund and to support
Government-wide and other multi-agency financial, information
technology, procurement, and other activities, including services
authorized by 44 U.S.C. 3604 and enabling Federal agencies to take
advantage of information technology in sharing information: Provided
further, That the total funds transferred or reimbursed shall not
exceed $15,000,000 for such purposes: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Federal Citizen Services Fund'' during fiscal year 2023
shall remain available for obligation through September 30, 2024:
Provided further, That not later than 90 days after enactment of this
Act, the Administrator of General Services, in consultation with the
Director of the Office of Management and Budget, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan for the funds to be transferred or
reimbursed: Provided further, That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized under this
section and the estimate of amounts to be transferred or reimbursed in
fiscal year 2023; (ii) a detailed breakdown of the purposes for all
funds estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii) where
applicable, a description of the funds intended for use by or for the
implementation of specific laws passed by Congress: Provided further,
That no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget.
Sec. 754. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless
prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2023.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2023 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2023 in this Act, shall remain available through September 30,
2024, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2024, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2024 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2024 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2024 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2024 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means the
project carried out by the District of Columbia and the Commonwealth of
Virginia to construct a new Long Bridge adjacent to the existing Long
Bridge over the Potomac River, including related infrastructure and
other related projects, to expand commuter and regional passenger rail
service and to provide bike and pedestrian access crossings over the
Potomac River.
Sec. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
Sec. 819. (a)(1) Section 11-2604(a), District of Columbia Official
Code, is amended by striking ``at a fixed rate of $90 per hour'' and
inserting ``an hourly rate not to exceed the rate payable under section
3006A(d)(1) of title 18, United States Code''.
(2) The amendments made by this section shall apply with respect to
cases and proceedings initiated on or after the date of the enactment
of this Act.
(b)(1) Section 11-2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ``(or, in the case of
investigative services, a fixed rate of $25 per hour)'' each place it
appears.
(2) The amendments made by this section shall apply with respect to
investigative services provided in connection with cases and
proceedings initiated on or after the date of the enactment of this
Act.
Sec. 820. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2023''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $336,746,000; of which
$18,862,000 shall remain available until September 30, 2024: Provided,
That not to exceed $30,000 shall be for official reception and
representation expenses: Provided further, That $5,000,000 shall be
withheld from obligation until the Secretary submits, to the Committees
on Appropriations of the Senate and the House of Representatives,
responses to all questions for the record for each hearing on the
fiscal year 2024 budget submission for the Department of Homeland
Security held by such Committees prior to July 1.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,048,000, to remain available until September 30, 2025.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $40,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $20,000,000, to remain
available until September 30, 2024, shall be for the Alternatives to
Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,743,160,000:
Provided, That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $325,245,000, of which
$137,245,000 shall remain available until September 30, 2025, and of
which $188,000,000 shall remain available until September 30, 2027.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $316,640,000, of which $95,273,000 shall remain
available until September 30, 2024: Provided, That not to exceed
$3,825 shall be for official reception and representation expenses and
not to exceed $2,000,000 is available for facility needs associated
with secure space at fusion centers, including improvements to
buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $214,879,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
(including transfer of funds)
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2023, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2022 or 2023.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2024.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the Senate and the House of
Representatives not later than 45 days after the end of each fiscal
quarter on all Level 1 and Level 2 acquisition programs on the Master
Acquisition Oversight list between Acquisition Decision Event and Full
Operational Capability, including programs that have been removed from
such list during the preceding quarter.
(b) For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five
years, the current year, and the budget year;
(D) a breakout of the estimate by appropriation
account or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal
year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section
to the Committees on Appropriations of the Senate and the House of
Representatives not later than five business days after the date of
approval of such memorandum by the Under Secretary for Management or
the designee of the Under Secretary.
Sec. 107. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration unless the component or
office carrying out such pilot or demonstration has documented the
information described in subsection (c).
(b) Prior to the obligation of any such funds made available for
``Operations and Support'' for a new pilot or demonstration, the Under
Secretary for Management shall provide a report to the Committees on
Appropriations of the Senate and the House of Representatives on the
information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting
such data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a projected
end date.
(d) Not later than 90 days after the date of completion of a pilot
or demonstration described in subsection (e) the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the Senate and the House of Representatives detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of March
15, 2022.
(f) For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or
demonstration carried out by a non-federal recipient under any
financial assistance agreement funded by the Department.
Sec. 108. Of the amount made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall
be transferred to ``Office of Inspector General--Operations and
Support'' for oversight of the use of funds made available under such
section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $15,590,694,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2024; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That $800,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'' to support
sheltering and related activities provided by non-Federal entities,
including facility improvements and construction, in support of
relieving overcrowding in short-term holding facilities of U.S. Customs
and Border Protection, of which not to exceed $11,200,000 shall be for
the administrative costs of the Federal Emergency Management Agency:
Provided further, That not to exceed $5,000,000 may be transferred to
the Bureau of Indian Affairs for the maintenance and repair of roads on
Native American reservations used by the U.S. Border Patrol: Provided
further, That of the amounts made available under this heading for the
Executive Leadership and Oversight program, project, and activity, as
outlined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), $5,000,000 shall
not be available for obligation until the reports concerning human
capital strategic plans and the Office of Field Operations workload
staffing model that are directed in such explanatory statement are
submitted to the Committees on Appropriations of the Senate and the
House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $581,558,000, of
which $481,658,000 shall remain available until September 30, 2025; and
of which $99,900,000 shall remain available until September 30, 2027.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,396,305,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2024; of which
not less than $2,000,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; and of which
not less than $4,181,786,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied alien
minors: Provided, That not to exceed $11,475 shall be for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the amounts
made available under this heading for the Executive Leadership and
Oversight program, project, and activity, as outlined in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), $5,000,000 shall not be available
for obligation until the reports directed under this heading in the
explanatory statements accompanying Public Laws 116-6, 116-93, and 117-
103 have been submitted to the Committees on Appropriations of the
Senate and the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $22,997,000, to remain
available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,798,363,000, to remain
available until September 30, 2024: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2023 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,308,363,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$141,645,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to remain
available until September 30, 2024.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,700,478,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $20,000,000 shall remain available until September 30, 2025; of
which $24,359,000 shall remain available until September 30, 2027, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2024, which shall only be
available for vessel depot level maintenance: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,669,650,000, to remain available until September
30, 2027; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2025, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $2,044,414,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,734,267,000; of which $52,296,000 shall remain available until
September 30, 2024, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $20,500,000 may be for calendar year 2022 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $83,888,000, to remain
available until September 30, 2025.
research and development
For necessary expenses of the United States Secret Service for
research and development, $4,025,000, to remain available until
September 30, 2024.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2023''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2023 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit an expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 211. (a) Of the amounts transferred from ``U.S. Customs and
Border Protection--Operations and Support'' to ``Federal Emergency
Management Agency--Federal Assistance'' in this Act, up to $785,000,000
may be made available for the emergency food and shelter program under
title II of the McKinney Vento Homeless Assistance Act (42 U.S.C.
11331) for the purposes of providing shelter and other services to
families and individuals encountered by the Department of Homeland
Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up to
$50,000,000 of any amounts made available to the emergency food and
shelter program under subsection (a) may be used for the construction
and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made available
for the purposes described in subsection (b) may be awarded to the
Emergency Food and Shelter Program National Board up to 6 months after
the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act, funds made
available under subsection (b) may be disbursed by the Emergency Food
and Shelter Program National Board up to 24 months after the date on
which such funds become available.
(e) Amounts made available under subsection (a) may be available
for the reimbursement of costs incurred after June 30, 2022.
(f) The real property disposition requirements at 2 CFR 200.311(c)
shall not apply to grants funded by the amounts transferred from ``U.S.
Customs and Border Protection--Operations and Support'' to ``Federal
Emergency Management Agency--Federal Assistance'' in this Act.
Sec. 212. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$581,558,000 shall be available only as follows:
(1) $230,277,000 for the acquisition and deployment of
border security technologies;
(2) $126,047,000 for trade and travel assets and
infrastructure;
(3) $99,900,000 for facility construction and improvements;
(4) $92,661,000 for integrated operations assets and
infrastructure; and
(5) $32,673,000 for mission support and infrastructure.
Sec. 213. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 216. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such reports by
such section 216 shall apply in the same manner and to the same extent
during the period described in such section 216.
Sec. 217. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 218. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 219. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 220. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2023, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 221. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 222. Section 225 of division A of Public Law 116-6 (49 U.S.C.
44901 note), relating to a pilot program for screening outside of an
existing primary passenger terminal screening area, is amended in
subsection (e) by striking ``2023'' and inserting ``2025''.
Sec. 223. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of such
section, up to the following amounts may be reprogrammed within ``Coast
Guard--Operations and Support''--
(1) $10,000,000 to or from the ``Military Personnel''
funding category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 226. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terrorism may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 227. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2023 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR 136.110, that utilizes the Towing Safety Management System option
for a Certificate of Inspection issued under subchapter M of title 46,
Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of
the Coast Guard makes a determination under section 815(a) of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282)
and, as necessary based on such determination, carries out the
requirements of section 815(b) of such Act.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 233. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 235. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 236. Of the amounts made available by this Act under the
heading ``United States Secret Service--Operations and Support'',
$23,000,000, to remain available until expended, shall be distributed
as a grant or cooperative agreement for existing National Computer
Forensics Institute facilities currently used by the United States
Secret Service to carry out activities under section 383 of title 6,
United States Code, of which not to exceed 5 percent, or the applicable
negotiated rate, shall be for the administrative costs of the
Department of Homeland Security in carrying out this section.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,350,559,000, of which
$36,293,000 shall remain available until September 30, 2024: Provided,
That not to exceed $5,500 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$549,148,000, of which $522,048,000 shall remain available until
September 30, 2025, and of which $27,100,000 shall remain available
until September 30, 2027.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $7,431,000, to remain
available until September 30, 2024.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,379,680,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $207,730,000, of which
$130,425,000 shall remain available until September 30, 2025, and of
which $77,305,000 shall remain available until September 30, 2027.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,882,014,000, which shall be allocated as
follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $90,000,000 shall be for Operation
Stonegarden and $15,000,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2023,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant Program
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605), of which $152,500,000 is for
eligible recipients located in high-risk urban areas that
receive funding under section 2003 of such Act and $152,500,000
is for eligible recipients that are located outside such areas:
Provided, That eligible recipients are those described in
section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an
otherwise eligible recipient at risk of a terrorist or other
extremist attack.
(4) $105,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30,
2024, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2024: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(11) $56,000,000 for the Next Generation Warning System.
(12) $335,145,000 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table entitled
``Community Project Funding/Congressionally Directed Spending''
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), of which--
(A) $86,140,285, in addition to amounts otherwise
made available for such purpose, is for emergency
operations center grants under section 614 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c);
(B) $233,043,782, in addition to amounts otherwise
made available for such purpose, is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e), notwithstanding subsections (f),
(g), and (l) of that section (42 U.S.C. 5133(f), (g),
(l)); and
(C) $15,960,933 is for management and
administration costs of recipients.
(13) $316,119,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$19,945,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to a concurrent
resolution on the budget in the Senate and section 1(f) of H. Res. 1151
(117th Congress), as engrossed in the House of Representatives on June
8, 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $225,000,000, to remain available until September 30, 2024,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $18,500,000 shall be available for mission support
associated with flood management; and of which $206,500,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2023, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $223,770,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
state, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
and Information and Analysis Organizations.
Sec. 302. (a) The Director of the Cybersecurity and Infrastructure
Security Agency (or the Director's designee) shall provide the
briefings to the Committees on Appropriations of the Senate and the
House of Representatives described under the heading ``Quarterly Budget
and Staffing Briefings'' in the explanatory statement for division F of
Public Law 117-103 described in section 4 in the matter preceding
division A of such Public Law--
(1) with respect to the first quarter of fiscal year 2023,
not later than the later of 30 days after the date of enactment
of this Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in
fiscal year 2023, not later than 21 days after the end of each
such quarter.
(b) In the event that any such briefing required during this fiscal
year under subsection (a) is not provided, the amount made available in
title III to the Cybersecurity and Infrastructure Security Agency under
the heading ``Operations and Support'' shall be reduced by $50,000 for
each day of noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed funding
table in the explanatory statement for this division described in
section 4 (in the matter preceding division A of this consolidated Act)
for Management and Business Activities shall be correspondingly reduced
by an equivalent amount.
Sec. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under such paragraph
(3).
Sec. 304. Notwithstanding section 2004(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of ``total funds
appropriated for grants under this section and section 2003'' in each
place that it appears shall not include any funds provided for the
Nonprofit Security Grant Program in paragraph (3) under the heading
``Federal Emergency Management Agency--Federal Assistance'' in this
Act.
Sec. 305. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 306. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5) and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate and
the House of Representatives 5 full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before 5 full business
days have elapsed following such briefing, $1,000,000 of amounts
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 308. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2023 with respect to
budget year 2024 and current fiscal year 2023, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2024''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 310. (a) The aggregate charges assessed during fiscal year
2023, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2023, and remain
available until expended.
Sec. 311. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program and for
the Refugee and International Operations Programs, $242,981,000:
Provided, That such amounts shall be in addition to any other amounts
made available for such purposes, and shall not be construed to require
any reduction of any fee described in section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)): Provided further, That not to
exceed $5,000 shall be for official reception and representation
expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $25,000,000, to remain available until September 30, 2024.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $354,552,000, of which $66,665,000 shall remain available
until September 30, 2024: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $51,995,000,
to remain available until September 30, 2027, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $384,107,000, of which $219,897,000 shall remain
available until September 30, 2024: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $55,216,000, to remain
available until September 30, 2027.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $461,218,000, to remain available until
September 30, 2025.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000, of which
$50,446,000 shall remain available until September 30, 2024: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$75,204,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,615,000, to remain
available until September 30, 2025.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $139,183,000, to remain
available until September 30, 2025.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may
be used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2023 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2024,
from appropriations for ``Operations and Support'' for fiscal year 2023
in this Act shall remain available through September 30, 2024, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives in accordance with section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives on a
plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter
of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. No Federal funds may be available to pay the salary of
any employee serving as a contracting officer's representative, or
anyone acting in a similar capacity, who has not received contracting
officer's representative training.
Sec. 511. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 512. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 516. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 522. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 523. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 524. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 525. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 526. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 528. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2023.
Sec. 529. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 530. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2024, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2023'' for ``October 1,
2018'' and ``October 1, 2022'' for ``October 1, 2017''.
Sec. 531. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 532. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 533. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 534. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on the unfunded priorities, for the Department
of Homeland Security and separately for each departmental component,
for which discretionary funding would be classified as budget function
050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 535. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 536. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission of
the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding requested
as part of the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate and the
House of Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2023.
Sec. 538. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 539. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 540. Section 205 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135) is amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by
adding ``and''; and
(iii) at the end of subparagraph (B), by
striking ``; and'' and inserting a period;
(B) in paragraph (3)(D), by striking ``local
governments, insular areas, and Indian tribal
governments'' and inserting ``local governments and
Tribal governments''; and
(C) by striking paragraph (4); and
(2) in subsection (m)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Eligible entity.--The term `eligible entity' means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.'';
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph
(9).
Sec. 541. For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations Center
grant under section 614 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c), in addition to amounts
otherwise available, for the project identified as the ``Vermilion Safe
Room'' in the table entitled ``Homeland Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items'' under
the heading ``Federal Emergency Management Agency--Federal Assistance''
in the explanatory statement described in section 4 in the matter
preceding division A of Public Law 117-103.
Sec. 542. The contents in the ``Senate'' sub column of the
``Requestor(s)'' column for the project identified as the ``Emergency
Operations Center'' for the recipient ``Baker County Sheriff's Office''
in the table entitled ``Community Project Funding/Congressionally
Directed Spending'' under the heading ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' in the explanatory statement
described in section 4 in the matter preceding division A of Public Law
117-103 are deemed to be amended by striking ``Wyden'' and inserting
``Merkley, Wyden''.
Sec. 543. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) shall be applied as if the language read as follows:
``Subsection (a) shall apply until September 30, 2023.''.
Sec. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 545. (a) The Secretary of Homeland Security (in this section
referred to as the ``Secretary'') shall, on a bimonthly basis beginning
immediately after the date of enactment of this Act, develop estimates
of the number of noncitizens anticipated to arrive at the southwest
border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress in support of the President's annual budget request
pursuant to section 1105 of title 31, United States Code, for
each fiscal year beginning after the date of enactment of this
Act and, for such budget materials shall include--
(A) the most recent bimonthly estimates developed
pursuant to subsection (a);
(B) a description and quantification of the
estimates used to justify funding requests for
Department programs related to border security,
immigration enforcement, and immigration services;
(C) a description and quantification of the
anticipated workload and requirements resulting from
such estimates; and
(D) a confirmation as to whether the budget
requests for impacted agencies were developed using the
same estimates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 546. (a) For an additional amount for the accounts, in the
amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes--
(1) ``U.S. Customs and Border Protection--Operations and
Support'', $1,563,143,000 for border management requirements of
the U.S. Customs and Border Protection; and
(2) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', $339,658,000 for non-detention border management
requirements.
(b) None of the funds provided in subsection (a)(1) shall be used--
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by U.S.
Customs and Border Protection, Air and Marine Operations,
except for internal transportation of noncitizens; or
(3) to acquire, maintain, or extend border security
technology and capabilities, except for technology and
capabilities to improve Border Patrol processing.
(c) Not later than 45 days after the date of enactment of this Act,
the Under Secretary for Management shall provide an expenditure plan
for the use of the funds made available in subsection (a).
(d) The plan required in subsection (c) shall be updated to reflect
changes and expenditures and submitted to the Committees on
Appropriations of the Senate and the House of Representatives every 60
days until all funds are expended or expired.
Sec. 547. Section 210G(i) of the Homeland Security Act of 2002 (6
U.S.C. 124n(i)) shall be applied by substituting ``September 30, 2023''
for ``the date that is 4 years after the date of enactment of this
section''.
(rescissions of funds)
Sec. 548. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
(1) $139,928,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
(2) $12,207 from the unobligated balances available in the
``Transportation Security Administration--Transportation
Security Support'' account (70 X 0554).
(3) $32,750,000 from the unobligated balances available in
the ``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 22/23 0300).
(4) $187,278 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 X 0300).
(5) $65,165 from the unobligated balances available in the
``Federal Emergency Management Agency--State and Local
Programs'' account (70 X 0560).
(6) $50,880 from the unobligated balances available in the
``Information Analysis and Infrastructure Protection--Operating
Expenses'' account (70 X 0900).
(7) $113,000,000 from the unobligated balances available
under the heading ``Management Directorate--Procurement,
Construction, and Improvements''.
(8) $42,730,000 from Public Law 116-93 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
(9) $19,000,000 from Public Law 116-6 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
Sec. 549. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2022 (Public Law
117-103) are rescinded:
(1) $23,858,130 from ``Office of the Secretary and
Executive Management--Operations and Support''.
(2) $604,580 from ``Management Directorate--Operations and
Support''.
(3) $636,170 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support''.
(4) $338,830 from ``U.S. Customs and Border Protection--
Operations and Support''.
(5) $8,972,900 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(6) $6,332,670 from ``United States Secret Service--
Operations and Support''.
(7) $1,250,420 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(8) $10,899 from ``Federal Emergency Management Agency--
Operations and Support''.
(9) $3,208,190 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(10) $459,790 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(11) $141,630 from ``Science and Technology Directorate--
Operations and Support''.
(12) $350,450 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2023''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,368,969,000, to remain available until September 30, 2024; of which
$76,187,000 for annual maintenance and deferred maintenance programs
and $147,888,000 for the wild horse and burro program, as authorized by
Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available
until expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas applications for
permits to drill and related use of authorizations: Provided further,
That of the amounts made available under this heading, up to $3,500,000
may be made available for the purposes described in section
122(e)(1)(A) of division G of Public Law 115-21 (43 U.S.C.
1748c(e)(1)(A)): Provided further, That of the amounts made available
under this heading, $3,500,000 is for projects specified for Land
Management Priorities in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2023, so as to result in a final appropriation estimated at
not more than $1,368,969,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$120,334,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,555,684,000, to remain
available until September 30, 2024: Provided, That not to exceed
$23,398,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of
such section): Provided further, That of the amount appropriated under
this heading, $25,641,000, to remain available until September 30,
2025, shall be for projects specified for Stewardship Priorities in the
table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That amounts in the preceding proviso may be
transferred to the appropriate program, project, or activity under this
heading and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,904,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $24,564,000, to remain available
until expended, to be derived from the Cooperative Endangered Species
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,100,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $21,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $73,812,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,200,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,612,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,812,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary of the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio to which
the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not
exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2023 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2024, shall be reapportioned,
together with funds appropriated in 2025, in the manner provided
herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed one dollar for each option; facilities incident to such
public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended: Provided
further, That the second proviso under the heading ``United States Fish
and Wildlife Service--Resource Management'' in title I of division E of
Public Law 112-74 (16 U.S.C. 742l-1) is amended by striking ``2012''
and inserting ``2023'' and striking ``$400,000'' and inserting
``$750,000''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,923,424,000, of which $11,661,000 for planning and
interagency coordination in support of Everglades restoration and
$135,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 for cyclic maintenance projects for
constructed assets and cultural resources and $10,000,000 for uses
authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2024: Provided, That funds
appropriated under this heading in this Act are available for the
purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9 of the 400 Years of African-American History
Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$3,300,000 of the funds provided under this heading shall be made
available for the purposes specified by that Act: Provided further,
That sections (7)(b) and (8) of that Act shall be amended by striking
``July 1, 2023'' and inserting ``July 1, 2024''.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $92,512,000, to
remain available until September 30, 2024, of which $2,919,000 shall be
for projects specified for Statutory and Contractual Aid in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $204,515,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2024, of which $26,500,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary; $29,000,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement; $11,000,000 is for
grants to Historically Black Colleges and Universities; $12,500,000 is
for competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act; $10,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation; and
$29,115,000 is for projects specified for the Historic Preservation
Fund in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That such competitive grants
shall be made without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and Indian
tribes as defined in chapter 3003 of such title, Native Hawaiian
organizations, local governments, including Certified Local
Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for
programs and areas administered by the National Park Service,
$239,803,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2023 with a future phase indicated in the
National Park Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort for
projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,497,178,000,
to remain available until September 30, 2024; of which $92,184,000
shall remain available until expended for satellite operations; and of
which $74,840,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities: Provided further, That of the amount
appropriated under this heading, $2,130,000 shall be for projects
specified for Special Initiatives in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall continue to
only be available for the purposes and in such amounts as such funds
were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$219,960,000, of which $182,960,000 is to remain available until
September 30, 2024, and of which $37,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2023
appropriation estimated at not more than $182,960,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $175,886,000, of which $153,886,000 is to
remain available until September 30, 2024, and of which $22,000,000 is
to remain available until expended, including $3,000,000 for offshore
decommissioning activities: Provided, That this total appropriation
shall be reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2023 appropriation estimated at not more than $156,886,000.
For an additional amount, $38,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2023, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $38,000,000, the amounts realized in excess
of $38,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2023,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of
the Oil Pollution Act of 1990, $15,099,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$121,026,000, to remain available until September 30, 2024, of which
$65,000,000 shall be available for State and tribal regulatory grants:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2023 appropriation estimated at not more than
$121,026,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $33,904,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $135,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $88,042,000 shall be distributed in equal
amounts to the three Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, $35,218,000 shall be distributed in equal amounts
to the three Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $11,740,000 shall be for
grants to federally recognized Indian Tribes without regard to their
status as certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $1,906,998,000, to remain
available until September 30, 2024, except as otherwise provided
herein; of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,494,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap
for welfare payments from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $63,586,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: Provided further,
That of the amount appropriated under this heading, $4,240,000 shall be
for projects specified for Special Initiatives (CDS) in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That any forestry funds allocated to a federally recognized
tribe which remain unobligated as of September 30, 2024, may be
transferred during fiscal year 2025 to an Indian forest land assistance
account established for the benefit of the holder of the funds within
the holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2025: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106-462), and the American Indian
Probate Reform Act of 2004 (Public Law 108-374), $8,000,000, to remain
available until expended: Provided, That any provision of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-462) that
requires or otherwise relates to application of a lien shall not apply
to the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2023, such sums as may be
necessary, which shall be available for obligation through September
30, 2024: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as
may be necessary, which shall be available for obligation through
September 30, 2024: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $153,309,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation: Provided further, That of the funds made available
under this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act (Public Law
114-322; 130 Stat. 1749): Provided further, That amounts provided
under this heading are made available for the modernization of Federal
field communication capabilities, in addition to amounts otherwise made
available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 114-322, and 116-260, and for implementation of
other land and water rights settlements, $825,000, to remain available
until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $13,884,000, to
remain available until September 30, 2024, of which $2,680,000 is for
administrative expenses, as authorized by the Indian Financing Act of
1974: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed
or insured, not to exceed $150,213,551.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,133,552,000 to remain
available until September 30, 2024, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $833,592,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2023, and shall remain available until
September 30, 2024: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$95,822,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2023: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$267,887,000 to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for
such assets that are not owned by the Bureau: Provided further, That
the term ``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50 miles but
that forms part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,272,000, to remain available until expended, of which not to
exceed $17,867,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2023, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $100,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further, That
with respect to the preceding proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $135,884,000, to remain available until September 30, 2024; of
which not to exceed $15,000 may be for official reception and
representation expenses; of which up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and
resource valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource valuation
activities may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts and the
Office of the Special Trustee ``Federal Trust Programs'' account:
Provided further, That funds made available through contracts or grants
obligated during fiscal year 2023, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain
available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2023, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $120,357,000, of
which: (1) $110,140,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $10,217,000 shall be available until
September 30, 2024, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading, $5,000,000
is for deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-188 for
adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$101,050,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2024.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $663,786,000, to remain available until expended, of
which not to exceed $10,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $247,000,000 is for fuels
management activities: Provided further, That of the funds provided
$20,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $340,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and section
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland Fire
Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are transferred:
Provided further, That amounts may be transferred to the ``Wildland
Fire Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,064,000, to remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704 of Public
Law 117-58 (30 U.S.C. 1245), and carry out the purposes of section 349
of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, to remain available until expended: Provided, That such
amount shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer the
funds provided under this heading in this Act to any other account in
the Department to carry out such purposes, and may expend such funds
directly, or through grants: Provided further, That these amounts are
not available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations
agreed to in settlement or imposed by a court, whether for payment of
funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $8,037,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, data management, information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $112,198,000, to remain available until expended:
Provided, That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation of
equipment without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
the Secretary of the Interior may assess reasonable charges to State,
local, and tribal government employees for training services provided
by the National Indian Program Training Center, other than training
related to Public Law 93-638: Provided further, That the Secretary may
lease or otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training Center to
State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural Resource
Revenue's collection and disbursement of royalties, fees, and other
mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$174,934,000, to remain available until September 30, 2024; of which
$69,751,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or destroyed by
fire, flood, storm, or other unavoidable causes: Provided, That no
funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated for
``wildland fire suppression'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary
of the Interior, in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment of dues,
when authorized by the Secretary, for library membership in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2023. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein, including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may determine
reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2023, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2023 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2023. Fees for fiscal year 2023 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2023. Fees for
fiscal year 2023 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within
30 days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2023, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management prescribes or approves any departure or use of
alternate procedure or equipment, in regards to a plan or permit, under
30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30
CFR 250.142, the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business days
after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State
of Virginia or the District of Columbia for the purpose of the
construction of rail and other infrastructure relating to the Long
Bridge Project, the Secretary of the Interior may convey to the State
or the District of Columbia, as applicable, all right, title, and
interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as
``Permanent Impact to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant
to Public Law 100-297 may obtain interagency motor vehicles and related
services for performance of any activities carried out under such
grants to the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
national heritage areas and corridors
Sec. 118. (a) Section 109(a) of the Quinebaug and Shetucket Rivers
Valley National Heritage Corridor Act of 1994 (title I of Public Law
103-449), is amended by striking ``$17,000,000'' and inserting
``$19,000,000''.
(b) Section 409(a) of the Steel Industry American Heritage Area Act
of 1996 (title IV of division II of Public Law 104-333) is amended by
striking ``$20,000,000'' and inserting ``$22,000,000''.
(c) Section 608(a) of the South Carolina National Heritage Corridor
Act of 1996 (title VI of division II of Public Law 104-333) is amended
by striking ``$17,000,000'' and inserting ``$19,000,000''.
(d) Subsection 157(h)(1) of the Wheeling National Heritage Area Act
of 2000 (section 157 of Public Law 106-291) is amended by striking
``$15,000,000'' and inserting ``$17,000,000''.
(e) Sections 411, 432, and 451 of title IV of the Consolidated
Natural Resources Act of 2008 (Public Law 110-229), are each amended by
striking ``the date that is 15 years after the date of'' and all that
follows through the end of each section and inserting ``September 30,
2024.''.
(f) Section 512 of the National Aviation Heritage Area Act (title V
of division J of Public Law 108-447), is amended by striking ``2022''
and inserting ``2024''.
(g) Section 608 of the Oil Region National Heritage Area Act (title
VI of Public Law 108-447) is amended by striking ``2022'' and inserting
``2024''.
(h) Section 125(a) of Public Law 98-398, as amended by section 402
of Public Law 109-338 (120 Stat. 1853), is amended by striking
``$10,000,000'' and inserting ``$12,000,000''.
(i) Section 125(a) of Public Law 98-398 is amended by striking
``$10,000,000'' and inserting ``$12,000,000''.
appraiser pay authority
Sec. 119. For fiscal year 2023, funds made available in this or
any other Act or otherwise made available to the Department of the
Interior for the Appraisal and Valuation Services Office may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the
Appraiser (GS-1171) job series at grades 11 through 15 carrying out
appraisals of real property and appraisal reviews conducted in support
of the Department's realty programs at rates no greater than 15 percent
above the minimum rates of basic pay normally scheduled, and such
higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 120. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
state conservation grants
Sec. 121. For expenses necessary to carry out section 200305 of
title 54, United States Code, the National Park Service may retain up
to 7 percent of the State Conservation Grants program to provide to
States, the District of Columbia, and insular areas, as matching grants
to support state program administrative costs.
lowell national historic park
Sec. 122. Section 103(a) of Public Law 95-290 (16 U.S.C. 410cc-
13(a); 92 Stat. 292) is amended by striking paragraph (1) and
redesignating paragraph (2) as paragraph (1).
visitor experience improvement authority
Sec. 123. Section 101938 of title 54, United States Code, is
amended by striking ``7'' and inserting ``9''.
delaware water gap authority
Sec. 124. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of Public Law
115-101, shall be applied by substituting ``2023'' for ``2021''.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development,
$802,276,000, to remain available until September 30, 2024: Provided,
That of the funds included under this heading, $30,751,000 shall be for
Research: National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), of which $13,251,000 shall be for projects specified
for Science and Technology in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$3,286,330,000, to remain available until September 30, 2024:
Provided, That funds included under this heading may be used for
environmental justice implementation and training grants, and
associated program support costs: Provided further, That of the funds
included under this heading--
(1) $30,700,000 shall be for Environmental Protection:
National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
and
(3) $20,000,000, to remain available until expended, shall
be for grants, including grants that may be awarded on a non-
competitive basis, interagency agreements, and associated
program support costs to establish and implement a program to
assist Alaska Native Regional Corporations, Alaskan Native
Village Corporations, federally-recognized tribes in Alaska,
Alaska Native Non-Profit Organizations and Alaska Native
Nonprofit Associations, and intertribal consortia comprised of
Alaskan tribal entities to address contamination on lands
conveyed under or pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that were or are
contaminated at the time of conveyance and are on an inventory
of such lands developed and maintained by the Environmental
Protection Agency: Provided, That grants awarded using funds
made available in this paragraph may be used by a recipient to
supplement other funds provided by the Environmental Protection
Agency through individual media or multi-media grants or
cooperative agreements: Provided further, That of the amounts
made available in this paragraph, in addition to amounts
otherwise available for such purposes, the Environmental
Protection Agency may reserve up to $2,000,000 for salaries,
expenses, and administration.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2023 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2023 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2023, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $9,000,000, those amount in excess of $9,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2023, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,030,000, to remain available until September 30, 2024.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $48,752,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,282,700,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2022, and not otherwise appropriated
from the Trust Fund, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,282,700,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under this
heading, $11,800,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2024,
and $31,607,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2024.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $93,205,000, to remain available until expended, of which
$67,425,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,780,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $22,072,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,480,428,000, to remain available until expended,
of which--
(1) $1,638,861,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,126,101,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act: Provided, That $863,108,642 of
the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $609,255,899 of the funds
made available for capitalization grants for the Drinking Water
State Revolving Funds shall be for the construction of drinking
water, wastewater, and storm water infrastructure and for water
quality protection in accordance with the terms and conditions
specified for such grants in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for projects specified for ``STAG--
Drinking Water SRF'' and ``STAG--Clean Water SRF'' in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), and, for purposes of these grants, each
grantee shall contribute not less than 20 percent of the cost
of the project unless the grantee is approved for a waiver by
the Agency: Provided further, That for fiscal year 2023, to
the extent there are sufficient eligible project applications
and projects are consistent with State Intended Use Plans, not
less than 10 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2023, funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That the Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State Revolving Funds
under this heading under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381) to conduct the Clean
Watersheds Needs Survey: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2023 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2023, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of section 201
of the Federal Water Pollution Control Act, grants made under
title II of such Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2023, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2023, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c)
of such Act: Provided further, That for fiscal year 2023,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2023, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated, or $20,000,000, whichever is greater, for
State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2023, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2023,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients: Provided further, That notwithstanding section
1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)),
the Administrator shall reserve $12,000,000 of the amounts made
available for fiscal year 2023 for making capitalization grants
for the Drinking Water State Revolving Funds to pay the costs
of monitoring for unregulated contaminants under section
1445(a)(2)(C) of such Act: Provided further, That of the
unobligated balances available in the ``State and Tribal
Assistance Grants'' account appropriated prior to fiscal year
2012 for ``special project grants'' or ``special needs
infrastructure grants,'' or for the administration, management,
and oversight of such grants, $13,300,000 are permanently
rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to a Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985;
(2) $36,386,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $39,686,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $100,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1993 Small Area Income and Poverty Estimates,
the 2000 decennial census, and the most recent Small Area
Income and Poverty Estimates, or any territory or possession of
the United States;
(5) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $30,158,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(8) $30,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $25,011,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $7,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $27,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(12) $50,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $6,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(14) $6,500,000 shall be for carrying out section 302(a) of
the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not
more than 2 percent shall be for administrative costs to carry
out such section: Provided, That notwithstanding section
302(a) of such Act, the Administrator may also provide grants
pursuant to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior), and Alaska Native Villages as defined in Public Law
92-203;
(15) $7,000,000 shall be for grants under section 103(b)(3)
of the Clean Air Act for wildfire smoke preparedness grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That not more
than 3 percent shall be for administrative costs to carry out
such section;
(16) $16,973,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those
projects and for the purposes delineated in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for remediation, construction, and
related environmental management activities in accordance with
the terms and conditions specified for such grants in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(17) $5,000,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j-19g);
(18) $4,000,000 shall be for carrying out section 2001 of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270, 42 U.S.C. 300j-3c note): Provided, That the Administrator
may award grants to and enter into contracts with tribes,
intertribal consortia, public or private agencies,
institutions, organizations, and individuals, without regard to
section 3324(a) and (b) of title 31 and section 6101 of title
41, United States Code, and enter into interagency agreements
as appropriate;
(19) $3,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117-58);
(20) $4,000,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,160,625,000 shall be for grants, including
associated program support costs, to States, federally
recognized Tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement, and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, and under
section 2301 of the Water and Waste Act of 2016 to assist
States in developing and implementing programs for control of
coal combustion residuals, of which: $47,195,000 shall be for
carrying out section 128 of CERCLA; $10,836,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,505,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $18,512,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $68,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the use of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, for the purposes of carrying
out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator
pursuant to a Notice of Funding Availability for applications for
credit assistance under the Water Infrastructure Finance and Innovation
Act Program, including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $7,640,000, to
remain available until September 30, 2024.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2023.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section 3024
of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2023,
to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000 per
project.
For fiscal year 2023, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2023 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $2,500,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated under
the headings ``Environmental Programs and Management'' and ``Science
and Technology'', contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purpose: Provided,
That amounts used for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may not
exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $1,000,000: Provided, That funds
made available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,152,744,000, to remain available through September 30,
2026: Provided, That a portion of the funds made available under this
heading shall be for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading
shall be available for the costs of facility maintenance, repairs, and
leases for buildings and sites where these administrative, general
management and other Forest Service support functions take place; the
costs of all utility and telecommunication expenses of the Forest
Service, as well as business services; and, for information technology,
including cyber security requirements: Provided further, That funds
provided under this heading may be used for necessary expenses to carry
out administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $307,273,000, to remain available through September
30, 2026: Provided, That of the funds provided, $32,197,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including for invasive
plants, and conducting an international program and trade compliance
activities as authorized, $337,758,000, to remain available through
September 30, 2026, as authorized by law, of which $30,167,000 shall be
for projects specified for Forest Resource Information and Analysis in
the table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,974,388,000, to remain available through
September 30, 2026: Provided, That of the funds provided, $32,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That for the funds provided in the
preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be
applied by substituting ``4'' for ``2'': Provided further, That of the
funds provided, $40,000,000 shall be for forest products: Provided
further, That of the funds provided, $207,000,000 shall be for
hazardous fuels management activities, of which not to exceed
$20,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
$20,000,000 may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on Federal
land, or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That notwithstanding section 33 of the Bankhead Jones
Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred, and that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary: Provided further, That funds
appropriated to this account shall be available for the base salary and
expenses of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range Betterment
Fund'' account, and the ``Management of National Forest Lands for
Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $158,048,000, to remain available through September 30,
2026, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, and decommissioning of roads that are
no longer needed, including unauthorized roads that are not part of the
transportation system, and for maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $6,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That $5,048,000
shall be for projects specified for Construction Projects in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That funds becoming available in fiscal year 2023 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2026, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2026, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2026, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2026.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $945,956,000, to remain available until
expended: Provided, That such funds, including unobligated balances
under this heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That any unobligated funds appropriated in a previous
fiscal year for hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That such funds
shall be available to reimburse State and other cooperating entities
for services provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest Service for
non-fire emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided shall be
available for support to Federal emergency response: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,210,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and section
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression operations
in the fiscal year in which such amounts are transferred: Provided
further, That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of the Interior or the
Department of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), shall be deposited in the special account established by section
8705(f)(1) of such Act, shall be available to cover the costs described
in subsection (c)(3) of such section of such Act, and shall remain
available until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not
increase or decrease the funds appropriated to any account in this
fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2026:
Provided further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
government, private sector, and international organizations: Provided,
That the Forest Service, acting for the International Program, may sign
direct funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the Millennium
Challenge Corporation), United States private sector firms,
institutions and organizations to provide technical assistance and
training programs on forestry and rangeland management: Provided
further, That to maximize effectiveness of domestic and international
research and cooperation, the International Program may utilize all
authorities related to forestry, research, and cooperative assistance
regardless of program designations.
Funds appropriated to the Forest Service shall be available to
enter into a cooperative agreement with the Section 509(a)(3)
Supporting Organization, ``Forest Service International Foundation'' to
assist the Foundation in meeting administrative, project, and other
expenses, and may provide for the Foundation's use of Forest Service
personnel and facilities.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges: Provided, That nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest
Service in order to obtain information technology services, including
telecommunications and system modifications or enhancements, from the
Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service under the National Forest
System heading shall be available for the Secretary of Agriculture to
enter into cooperative agreements with other Federal agencies, tribes,
States, local governments, private and nonprofit entities, and
educational institutions to support the work of forest or grassland
collaboratives on activities benefitting Federal lands and adjacent
non-Federal lands, including for technical assistance, administrative
functions or costs, and other capacity support needs identified by the
Forest Service.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil litigation:
Provided, That future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available to pay,
from a single account, the base salary and expenses of employees who
carry out functions funded by other accounts for Enterprise Program,
Geospatial Technology and Applications Center, remnant Natural Resource
Manager, Job Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including rescission of funds)
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,919,670,000, to remain available until September 30, 2024, except as
otherwise provided herein; and, in addition, $4,627,968,000, which
shall become available on October 1, 2023, and remain available through
September 30, 2025, except as otherwise provided herein; together with
payments received during each fiscal year pursuant to sections 231(b)
and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $2,500,000 shall be available for
each of fiscal years 2023 and 2024 for grants or contracts with public
or private institutions to provide alcohol or drug treatment services
to Indians, including alcohol detoxification services: Provided
further, That of the total amount of funds provided, $1,993,510,000
shall remain available until expended for Purchased/Referred Care, of
which $996,755,000 shall be from funds that become available on October
1, 2023: Provided further, That of the total amount specified in the
preceding proviso for Purchased/Referred Care, $108,000,000 shall be
for the Indian Catastrophic Health Emergency Fund of which $54,000,000
shall be from funds that become available on October 1, 2023: Provided
further, That for each of fiscal years 2023 and 2024, up to $51,000,000
shall remain available until expended for implementation of the loan
repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the total amount of funds
provided, $116,000,000, including $58,000,000 from funds that become
available on October 1, 2023, shall be for costs related to or
resulting from accreditation emergencies, including supplementing
activities funded under the heading ``Indian Health Facilities'', of
which up to $4,000,000 for each of fiscal years 2023 and 2024 may be
used to supplement amounts otherwise available for Purchased/Referred
Care: Provided further, That the amounts collected by the Federal
Government as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited in the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a-1) and shall
remain available until expended and, notwithstanding section 108A(c) of
that Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new
awards under the loan repayment and scholarship programs under sections
104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further,
That the amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention Program,
for the Zero Suicide Initiative, for the housing subsidy authority for
civilian employees, for Aftercare Pilot Programs at Youth Regional
Treatment Centers, for transformation and modernization costs of the
Indian Health Service Electronic Health Record system, for national
quality and oversight activities, to improve collections from public
and private insurance at Indian Health Service and tribally operated
facilities, for an initiative to treat or reduce the transmission of
HIV and HCV, for a maternal health initiative, for the Telebehaviorial
Health Center of Excellence, for Alzheimer's grants, for Village Built
Clinics, for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within 2 fiscal years, provided
the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That none of the funds provided that become available
on October 1, 2023, may be used for implementation of the Electronic
Health Record System or the Indian Health Care Improvement Fund:
Provided further, That of the funds provided, $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account: Provided further, That none of the funds
appropriated by this Act, or any other Act, to the Indian Health
Service for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
Of the unobligated balances under the heading ``Indian Health
Services'' from amounts made available in title III of division G of
Public Law 117-103 for the fiscal year 2022 costs of staffing and
operating new facilities, $29,388,000 are hereby rescinded.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2023, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not expended by
a tribe or tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract
support costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as
may be necessary, which shall be available for obligation through
September 30, 2024: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$958,553,000, to remain available until expended; and, in addition,
$501,490,000, which shall become available on October 1, 2023, and
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation, or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used for each of fiscal years 2023 and 2024 by
the Indian Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds provided
that become available on October 1, 2023, may be used for Health Care
Facilities Construction or for Sanitation Facilities Construction:
Provided further, That of the amount appropriated under this heading
for fiscal year 2023 for Sanitation Facilities Construction,
$15,192,000 shall be for projects specified for Sanitation Facilities
Construction (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the funds
appropriated to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or technical
assistance: Provided further, That the Indian Health Service may
provide to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $83,035,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $85,020,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2023, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $4,676,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $3,060,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall
become available on July 1, 2023, and shall remain available until
September 30, 2024.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $892,855,000, to remain available until September 30, 2024,
except as otherwise provided herein; of which not to exceed $26,974,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, Smithsonian American Women's History Museum, National
Museum of the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent payable to
the Smithsonian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to be available as
trust funds for expenses associated with the purchase of a portion of
the building at 600 Maryland Avenue, SW, Washington, DC, to the extent
that federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt
service for, a Federal guarantee of, a transfer of risk to, or an
obligation of the Federal Government: Provided further, That no
appropriated funds may be used directly to service debt which is
incurred to finance the costs of acquiring a portion of the building at
600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and
constructing improvements to such building: Provided further, That any
agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day period
which begins on the date on which the Secretary of the Smithsonian
submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $251,645,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
of the Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to members
only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $170,240,000,
to remain available until September 30, 2024, of which not to exceed
$3,875,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as
authorized, $39,000,000, to remain available until expended: Provided,
That of this amount, $27,208,000 shall be available for design and
construction of an off-site art storage facility in partnership with
the Smithsonian Institution and may be transferred to the Smithsonian
Institution for such purposes: Provided further, That contracts
awarded for environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, $27,640,000, to
remain available until September, 30, 2024.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,740,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$15,000,000, to remain available until September 30, 2024.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000 to remain available
until expended, of which $188,250,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $18,750,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $15,750,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2023 in the second paragraph by inserting ``,
calendar year 2020 excluded'' before the first period: Provided
further, That in determining an eligible organization's annual income
for calendar years 2021, 2022, and 2023, funds or grants received by
the eligible organization from any supplemental appropriations Act
related to coronavirus or any other law providing appropriations for
the purpose of preventing, preparing for, or responding to coronavirus
shall be counted as part of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $65,231,000, of which
$1,000,000 shall remain available until September 30, 2025, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $90,000,000: Provided, That such section is
amended by striking ``$150,000,000'' and inserting ``$250,000,000''.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$1,000,000, to remain available until September 30, 2024: Provided,
That in addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial
Commission to plan and coordinate observances and activities associated
with the 250th anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to Public
Law 114-196, $15,000,000, to remain available until September 30, 2024.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this paragraph
as the ``Commission''), $550,000 to remain available until September
30, 2024: Provided, That in addition to the authority provided by
section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may
hereafter accept in-kind personnel services, contractual support, or
any appropriate support from any executive branch agency for activities
of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
charges, from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau administrative
functions or headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations of the House of Representatives and
the Senate. Changes to such estimates shall be presented to the
Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned: (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2024, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2023.
contract support costs, fiscal year 2023 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2023 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2023
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity within 60 days of enactment of this
Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2023.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by the
Bureau of Land Management, or the Secretary of Agriculture, with
respect to land administered by the Forest Service (referred to in this
section as the ``Secretary concerned''), may transfer excess wild
horses and burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local government
agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2023'' for
``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions of
the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2024'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in this
and prior fiscal years, may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161 (121
Stat 1844), as amended, shall be applied by substituting ``fiscal year
2023'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2023'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered paragraph
under heading ``Administrative Provisions, Forest Service'' in title
III of Public Law 109-54, as amended, shall be applied by substituting
``fiscal year 2023'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6)
of Public Law 108-108 and section 432 of Public Law 113-76, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq., or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law, in the
case of any lease under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease
term shall commence no earlier than the date of receipt of the lease
proposal.
(b) The Secretaries of the Interior and Health and Human Services
shall, jointly or separately, during fiscal year 2023 consult with
tribes and tribal organizations through public solicitation and other
means regarding the requirements for leases under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent process for
the payment of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88,
as amended by section 117 of division F of Public Law 113-235, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2020''
each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available from
the National Parks and Public Land Legacy Restoration Fund for fiscal
year 2023 pursuant to subsection (c) of section 200402 of title 54,
United States Code, and as provided in subsection (e) of such section
of such title, to the agencies of the Department of the Interior and
the Department of Agriculture specified, in the amounts specified, for
the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal Year
2023'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, as appropriate, shall
allocate amounts made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2023 pursuant to subsection (a) of
section 200303 of title 54, United States Code, to the agencies and
accounts specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds: Land
and Water Conservation Fund Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section,
neither the President nor his designee may allocate any amounts that
are made available for any fiscal year under subsection (c) of section
200402 of title 54, United States Code, or subsection (a) of section
200303 of title 54, United States Code, other than in amounts and for
projects and activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of amounts for
continuing administration of programs allocated funds from the National
Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no
more than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture
may reallocate amounts from each agency's ``Contingency Fund'' line in
the table titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2023'' to any project funded by the
National Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the Committees
on Appropriations 30 days before taking any actions authorized
by this subsection if the amount reallocated from the
``Contingency Fund'' line for a project is projected to be 10
percent or greater than the following, as applicable:
(A) The amount allocated to that project in the
table titled ``Allocation of Funds: National Parks and
Public Land Legacy Restoration Fund Fiscal Year 2023''
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the
Committees on Appropriations pursuant to section 431(e)
of division G of the Consolidated Appropriations Act,
2022 (Public Law 117-103).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets for the projects in the ``Submission of Annual List of
Projects to Congress'' required by section 200402(h) of title 54,
United States Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund'' line for
each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the National
Parks and Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated in such
submission to that agency's ``Contingency Fund'' line: Provided
further, That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate a list of
supplementary allocations for Federal land acquisition and Forest
Legacy Projects at the National Park Service, the U.S. Fish and
Wildlife Service, the Bureau of Land Management, and the U.S. Forest
Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that
are prioritized and detailed by account, program, and project, and that
total no less than half the full amount allocated to each account for
that land management Agency under the allocations submitted under
section 200303(c)(1) of title 54, United States Code: Provided, That
in the event amounts allocated by this Act or any prior Act pursuant to
subsection (a) of section 200303 of title 54, United States Code are no
longer needed because a project has been completed or can no longer be
executed, such amounts must be clearly identified if proposed for
reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list of supplementary
allocations required by subparagraph (A) shall be comprised only of
projects for which a willing seller has been identified and for which
an appraisal or market research has been initiated.
(C) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of the Interior and the Secretary
of Agriculture shall each submit to the Committees on Appropriations of
the House of Representatives and the Senate project data sheets in the
same format and containing the same level of detailed information that
is found on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget for the
projects in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and in the same format
and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the House
of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the National Parks and
Public Land Legacy Restoration Fund for amounts allocated pursuant to
subsection (a)(1) of this section and the status of balances of
projects and activities funded by the Land and Water Conservation Fund
for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for
amounts allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments
and agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act to the
Department of the Interior or the Department of Agriculture that are
subject to the allocations and limitations in 54 U.S.C. 200402(e) and
prohibitions in 54 U.S.C. 200402(f) may be further allocated or
reallocated to the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
road construction
Sec. 439. Section 8206(a)(4)(B)(i) of the Agricultural Act of 2014
(16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting ``or Bureau of
Land Management managed'' after ``National Forest System''.
firefighter pay cap
Sec. 440. Section 1701 of division B of the Extending Government
Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note),
as amended by Public Law 117-103, is further amended--
(1) in subsection (a)(1), by striking the last sentence and
inserting ``Any Services during a given calendar year that
generate payments payable in the subsequent calendar year shall
be disregarded in applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting ``or
2023'' after ``or 2022'' each place it appears.
forest service interest bearing account
Sec. 441. (a) Investment Authority.--Any monies covered into the
Treasury under section 7 of the Act of June 20, 1958 (Public Law 85-
464; 16 U.S.C. 579c), including all monies that were previously
collected by the United States in a forfeiture, judgment, compromise,
or settlement, shall be invested by the Secretary of the Treasury in
interest bearing obligations of the United States to the extent the
amounts are not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
(b) Availability of Funds.--Any interest earned under subsection
(a) shall be available in the same manner as the monies covered into
the Treasury under section 7 of the Act of June 20, 1958 (Public Law
85-464; 16 U.S.C. 579c) to cover the costs to the United States
specified in section 7 of that Act.
(c) Use of Funds.--Any portion of the monies received or earned
under subsection (a) in excess of the amount expended in performing the
work necessitated by the action which led to their receipt may be used
to cover the other work specified in section 7 of the Act of June 20,
1958 (Public Law 85-464; 16 U.S.C. 579c).
(d) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
technical correction
Sec. 442. In the table entitled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' in the explanatory statement described in
section 4 in the matter preceding division A of Public Law 117-103 and
in the table under the heading ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' in such explanatory
statement, the project relating to ``City of Metlakatla for Solid Waste
Multi Use Portable Shredder'' is deemed to be amended by striking
``City of Metlakatla for Solid Waste Multi Use Portable Shredder'' and
inserting ``Metlakatla Indian Community for Solid Waste Multi Use
Portable Shredder''.
hazardous substance superfund
Sec. 443. (a) Section 613 of title VI of division J of Public Law
117-58 is repealed.
(b) For this fiscal year and each fiscal year thereafter, such sums
as are available in the Hazardous Substance Superfund established under
section 9507 of the Internal Revenue Code of 1986 at the end of the
preceding fiscal year from taxes received in the Treasury under
subsection (b)(1) of such section shall be available, without further
appropriation, to remain available until expended, to be used to carry
out the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.): Provided, That the
amount provided by this subsection is designated by the Congress as
being for an emergency requirement pursuant to section 4001(a)(1) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June 8,
2022.
(c) Expenditures made pursuant to section 613 of title VI of
division J of Public Law 117-58 shall be charged to the appropriation
in subsection (b).
golden gate national recreation area
Sec. 444. Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2) is
amended by adding at the end the following:
``(j) Authority to Grant Easements and Rights-of-Way Permit.--
``(1) In general.--The Secretary of the Interior may grant,
to any State or local government, an easement or right-of-way
permit over Federal lands within Golden Gate National
Recreation Area for operation and maintenance of projects for
control and prevention of flooding and shoreline erosion and
associated structures for continued public access.
``(2) Charges and reimbursements of costs.--The Secretary
may grant such an easement or right-of-way permit without
charge for the value of the use so conveyed, except for
reimbursement of costs incurred by the United States for
processing the application therefore and managing such use.
Amounts received as such reimbursement shall be credited to the
relevant appropriation account.''.
alaska native regional health entities authorization extension
Sec. 445. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76) shall be
applied by substituting ``October 1, 2023'' for ``December 24, 2022''.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $4,140,911,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,929,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available
for the period July 1, 2023 through June 30, 2024, and
of which $712,000,000 shall be available for the period
October 1, 2023 through June 30, 2024;
(B) $948,130,000 for youth activities, which shall
be available for the period April 1, 2023 through June
30, 2024; and
(C) $1,095,553,000 for dislocated worker employment
and training activities, of which $235,553,000 shall be
available for the period July 1, 2023 through June 30,
2024, and of which $860,000,000 shall be available for
the period October 1, 2023 through June 30, 2024:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act: Provided further, That notwithstanding the
requirements of WIOA, outlying areas may submit a single
application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the WIOA:
Provided further, That such application shall be submitted to
the Secretary of Labor (referred to in this title as
``Secretary''), at such time, in such manner, and containing
such information as the Secretary may require: Provided
further, That outlying areas awarded a consolidated grant
described in the preceding provisos may use the funds for any
of the programs and activities authorized under such subtitle B
of title I of the WIOA subject to approval of the application
and such reporting requirements issued by the Secretary; and
(2) for national programs, $1,211,579,000 as follows:
(A) $325,859,000 for the dislocated workers
assistance national reserve, of which $125,859,000
shall be available for the period July 1, 2023 through
September 30, 2024, and of which $200,000,000 shall be
available for the period October 1, 2023 through
September 30, 2024: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers: Provided further,
That notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $115,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2)), and workers in the
region served by the Northern Border Regional
Commission, as defined by 40 U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose
of developing, offering, or improving
educational or career training programs at
community colleges, defined as public
institutions of higher education, as described
in section 101(a) of the Higher Education Act
of 1965 and at which the associate's degree is
primarily the highest degree awarded, with
other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead grantee: Provided, That
the Secretary shall follow the requirements for
the program in House Report 116-62: Provided
further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered under the
National Apprenticeship Act and as referred to
in section 3(7)(B) of the WIOA;
(B) $60,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2023 through June 30, 2024;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$90,134,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,591,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $671,000 for other
discretionary purposes, which shall be available for
the period April 1, 2023 through June 30, 2024:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services: Provided further, That notwithstanding the
definition of ``eligible seasonal farmworker'' in
section 167(i)(3)(A) of the WIOA relating to an
individual being ``low-income'', an individual is
eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA under that definition if,
in addition to meeting the requirements of clauses (i)
and (ii) of section 167(i)(3)(A), such individual is a
member of a family with a total family income equal to
or less than 150 percent of the poverty line;
(D) $105,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2023 through June 30,
2024;
(E) $115,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2023 through June
30, 2024: Provided, That of this amount, $30,000,000
shall be for competitive grants to national and
regional intermediaries for activities that prepare for
employment young adults with criminal legal histories,
young adults who have been justice system-involved, or
young adults who have dropped out of school or other
educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2023 through June 30, 2024;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, including equity
intermediaries and business and labor industry partner
intermediaries, which shall be available for the period
July 1, 2023 through June 30, 2024; and
(H) $217,324,000 for carrying out Demonstration and
Pilot projects under section 169(c) of the WIOA, which
shall be available for the period April 1, 2023 through
June 30, 2024, in addition to funds available for such
activities under subparagraph (A) for the projects, and
in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such funds may be used for projects that
are related to the employment and training needs of
dislocated workers, other adults, or youth: Provided
further, That the 10 percent funding limitation under
such section of the WIOA shall not apply to such funds:
Provided further, That section 169(b)(6)(C) of the
WIOA shall not apply to such funds: Provided further,
That sections 102 and 107 of this Act shall not apply
to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,760,155,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2023 through June 30, 2024;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2023 through June 30, 2026, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
proviso shall not be available for obligation after June 30,
2023: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2022 through September 30, 2023:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $405,000,000, which shall be available for
the period April 1, 2023 through June 30, 2024, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2023 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended,
$494,400,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2023: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,925,084,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,134,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $375,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of a concurrent
resolution on the budget in the Senate and section 1(j)(2) of
H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, and $258,000,000 is additional
new budget authority specified for purposes of a concurrent
resolution on the budget in the Senate and section 1(j) of such
House resolution; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal employees
and for ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative trade
adjustment assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance Extension Act
of 2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, and shall be available for obligation by the
States through December 31, 2023, except that funds used for
automation shall be available for Federal obligation through
December 31, 2023, and for State obligation through September
30, 2025, or, if the automation is being carried out through
consortia of States, for State obligation through September 30,
2029, and for expenditure through September 30, 2030, and funds
for competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews and provide reemployment services and referrals
to training, as appropriate, shall be available for Federal
obligation through December 31, 2023 (except that funds for
outcome payments pursuant to section 306(f)(2) of the Social
Security Act shall be available for Federal obligation through
March 31, 2024), and for obligation by the States through
September 30, 2025, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2024, and funds
used for unemployment insurance workloads experienced through
September 30, 2023 shall be available for Federal obligation
through December 31, 2023;
(2) $23,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $658,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2023 through June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $83,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $60,528,000 shall be available for the
Federal administration of such activities, and $23,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2023
through June 30, 2024, of which up to $9,800,000 may be used to
carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research and
demonstration projects under this paragraph to the ``Office of
Disability Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2023 is projected by the
Department of Labor to exceed 1,778,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2024, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2024.
program administration
For expenses of administering employment and training programs,
$118,900,000, together with not to exceed $54,015,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall be made
available through September 30, 2024, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2023, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2023 shall be
available for obligations for administrative expenses in excess of
$493,314,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2023, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2027, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2027 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2027 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $120,500,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; section
5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred
under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50
percent of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers' Compensation Act,
$250,000,000, together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year, for deposit into and to assume the attributes of
the Employees' Compensation Fund established under 5 U.S.C. 8147(a):
Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by
the Secretary to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2022, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2023: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees'
Compensation Act, $81,752,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,727,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,125,000;
(3) For periodic roll disability management and medical
review, $26,126,000;
(4) For program integrity, $1,744,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $36,031,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2024, $10,250,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $64,564,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2023 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $42,194,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$38,407,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $353,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed $120,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2023, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $12,787,000 shall be available for Susan Harwood training
grants, of which not more than $6,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, for program activities starting
not later than September 30, 2023 and lasting for a period of 12
months: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $629,952,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,000,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment
Insurance and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $391,889,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$81,725,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2023: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than $30,175,000 shall
be for programs to combat exploitative child labor internationally and
not less than $30,175,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements or
trade preference programs: Provided further, That $8,281,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2024: Provided further, That funds available for
program evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided further,
That of the amounts made available to the Women's Bureau, not less than
$5,000,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $185,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2025, and not
to exceed 3 percent for the necessary Federal expenditures for
data systems and contract support to allow for the tracking of
participant and performance information: Provided, That, in
addition, such funds may be used to support such specialists
and representatives in the provision of services to
transitioning members of the Armed Forces who have participated
in the Transition Assistance Program and have been identified
as in need of intensive services, to members of the Armed
Forces who are wounded, ill, or injured and receiving treatment
in military treatment facilities or warrior transition units,
and to the spouses or other family caregivers of such wounded,
ill, or injured members;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division O
of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2023, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $34,269,000, which shall be available
through September 30, 2024.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$91,187,000, together with not to exceed $5,841,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That not more than $2,000,000 of
the amount provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under this subsection shall be available to the Secretary
to carry out program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with States
and other appropriate entities: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2024.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2024: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans' Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one or
more companies, directly or indirectly, controls, is controlled
by, or is under common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the United
States during the 120-day period specified in paragraph (1) to
be staggering the date of need in violation of section
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established by
the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition, to include any associated
construction project, will not be subject to any requirement of any
Federal law or regulation relating to the disposition of Federal real
property or relating to Federal procurement, including but not limited
to subchapter III of chapter 5 of title 40 of the United States Code,
subchapter V of chapter 119 of title 42 of the United States Code, and
chapter 33 of division C of subtitle I of title 41 of the United States
Code. The net proceeds of such a sale shall be transferred to the
Secretary, which shall be available until expended to carry out the Job
Corps Program on Treasure Island.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$142,000,000 are hereby permanently rescinded not later than September
30, 2023.
This title may be cited as the ``Department of Labor Appropriations
Act, 2023''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,858,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,390,376,000: Provided, That section 751(j)(2) of the PHS Act and
the proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made available
under this heading: Provided further, That for any program operating
under section 751 of the PHS Act on or before January 1, 2009, the
Secretary of Health and Human Services (referred to in this title as
the ``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That section 756(c) of the PHS Act shall apply to paragraphs (1)
through (4) of section 756(a) of such Act: Provided further, That no
funds shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That $125,600,000 shall remain available until expended for
the purposes of providing primary health services, assigning National
Health Service Corps (``NHSC'') participants to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in the
previous proviso, $15,600,000 shall remain available until expended for
the purposes of making payments under the NHSC Loan Repayment Program
under section 338B of the PHS Act to individuals participating in such
program who provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this heading,
$6,000,000 shall be available to make grants to establish, expand, or
maintain optional community-based nurse practitioner fellowship
programs that are accredited or in the accreditation process, with a
preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or
behavioral health: Provided further, That of the funds made available
under this heading, $10,000,000 shall remain available until expended
for activities under section 775 of the PHS Act: Provided further,
That the United States may recover liquidated damages in an amount
determined by the formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service obligated by a
contract under section 775(b) of the PHS Act: Provided further, That
for purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate
a contract entered into under section 775 of the PHS Act in the same
manner articulated in section 206 of this title for fiscal year 2023
contracts entered into under section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the Secretary
shall give priority to public institutions of higher education located
in States with a projected primary care provider shortage in 2025, as
determined by the Secretary: Provided further, That grants so awarded
are limited to such public institutions of higher education in States
in the top quintile of States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further, That
such a grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not less than 10 percent of the
total amount of Federal funds provided in the grant to such institution
with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $1,171,430,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $219,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall
remain available to the Secretary through September 30, 2025, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$165,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $99,009,000, of which $122,000 shall be available until expended
for facilities-related expenses of the National Hansen's Disease
Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$352,407,000, of which $64,277,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $20,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology, no less than $5,000,000 shall be available to award grants
to public or non-profit private entities for the Rural Emergency
Hospital Technical Assistance Program, and up to $1,000,000 shall be to
carry out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the purchase
and implementation of telehealth services and other efforts to improve
health care coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be
available for State Offices of Rural Health: Provided further, That
$12,500,000 shall remain available through September 30, 2025, to
support the Rural Residency Development Program: Provided further,
That $145,000,000 shall be for the Rural Communities Opioids Response
Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for
cross-cutting activities and program support for activities funded in
other appropriations included in this Act for the Health Resources and
Services Administration, $1,735,769,000, of which $38,050,000 shall be
for expenses necessary for the Office for the Advancement of
Telehealth, including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $1,521,681,000
shall be used for the projects financing the construction and
renovation (including equipment) of health care and other facilities,
and for the projects financing one-time grants that support health-
related activities, including training and information technology, and
in the amounts specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the
preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000, to
remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $499,941,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $698,772,000: Provided,
That of the amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the transportation,
medical care, treatment, and other related costs of persons quarantined
or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,175,464,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act
for not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$16,500,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $205,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $754,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $229,850,000: Provided, That of the
amounts appropriated under this heading up to $4,000,000 may remain
available until expended for carrying out the Vessel Sanitation
Program, in addition to user fee collections available for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any use of funds pursuant to the preceding proviso.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1) $128,921,000
shall remain available through September 30, 2024 for international
HIV/AIDS; and (2) $293,200,000 shall remain available through September
30, 2025 for global public health protection: Provided, That funds may
be used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $883,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and
number of days detailed, and an update of such report every 180 days
until staff are no longer on detail without reimbursement to the CDC
Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $40,000,000,
which shall remain available until September 30, 2027: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That funds made available to this account in this or any prior Act that
are available for the acquisition of real property or for construction
or improvement of facilities in conjunction with the new replacement
mine safety research facility shall be available to make improvements
on non-federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed $5,000,000:
Provided further, That in addition, the prior year unobligated balance
of any amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $563,570,000, of which: (1)
$350,000,000 shall remain available through September 30, 2024, for
public health infrastructure and capacity; and (2) $50,000,000 shall
remain available through September 30, 2024 for forecasting epidemics
and outbreak analytics: Provided, That paragraphs (1) through (3) of
subsection (b) of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of the CDC:
Provided further, That of the amounts made available under this
heading, $35,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the Infectious
Diseases Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That funds
appropriated under this heading may be used to support a contract for
the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2024.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,104,159,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,300,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,588,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,239,679,000, of which
$1,412,482,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $425,956,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,749,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,407,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,112,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$524,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2024: Provided
further, That in fiscal year 2023, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $923,323,000: Provided, That up to
$70,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,642,914,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $722,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be
for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $80,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000
shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and
operations of the NIH, including agency efforts to ensure the integrity
of its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous proviso
may be transferred from one specified activity to another with 15 days
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Inspector
General shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2023 and 2024 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts made available under this heading are also available to
establish, operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided further, That
the funds made available under this heading for the Office of Research
on Women's Health shall also be available for making grants to serve
and promote the interests of women in research, and the Director of
such Office may, in making such grants, use the authorities available
to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of the Internal Revenue Code
of 1986 (26 U.S.C. 9008), for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $350,000,000, to remain
available through September 30, 2027.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $1,085,000,000, to remain available until
expended: Provided, That such amounts are appropriated pursuant to
section 1001(b)(3) of such Act, are to be derived from amounts
transferred under section 1001(b)(2)(A) of such Act, and may be
transferred by the Director of the National Institutes of Health to
other accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director that funds transferred pursuant to the
previous proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,693,507,000: Provided, That of the funds made available under this
heading, $93,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to
carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this heading
for subpart I of part B of title XIX of the PHS Act, at least 5 percent
shall be available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2023: Provided further, That $385,000,000
shall be available until September 30, 2025 for grants to communities
and community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$21,420,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $4,076,098,000: Provided, That $1,575,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the
PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such
amount $55,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That in allocating the
amount made available in the preceding proviso, the Secretary shall
ensure that the formula avoids a significant cliff between States with
similar overdose mortality rates to prevent unusually large funding
changes in States when compared to prior year allocations: Provided
further, That of the amounts provided for State Opioid Response Grants
not more than 2 percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation: Provided
further, That of the amount not reserved by the previous four provisos,
the Secretary shall make allocations to States, territories, and the
District of Columbia according to a formula using national survey
results that the Secretary determines are the most objective and
reliable measure of drug use and drug-related deaths: Provided
further, That the Secretary shall submit the formula methodology to the
Committees on Appropriations of the House of Representatives and the
Senate not less than 21 days prior to publishing a Funding Opportunity
Announcement: Provided further, That prevention and treatment
activities funded through such grants may include education, treatment
(including the provision of medication), behavioral health services for
individuals in treatment programs, referral to treatment services,
recovery support, and medical screening associated with such treatment:
Provided further, That each State, as well as the District of
Columbia, shall receive not less than $4,000,000: Provided further,
That in addition to amounts provided herein, the following amounts
shall be available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1935(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS
Act or State Opioid Response Grants shall be subject to section 241 of
such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $301,932,000: Provided, That of
the amount made available under this heading, $160,777,000 shall be
used for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act: Provided further, That
in addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2024: Provided further, That funds made
available under this heading (other than amounts specified in the first
proviso under this heading) may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$373,500,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2023: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2024.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $367,357,090,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2023, for
the last quarter of fiscal year 2023 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2024, $197,580,474,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$548,130,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2023 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That of the amount made available under this heading, $397,334,000
shall remain available until September 30, 2024, and shall be available
for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $893,000,000, to remain available through
September 30, 2024, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $665,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $105,145,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $122,207,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2023 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $317,000,000
is provided to meet the terms of a concurrent resolution on the budget
in the Senate, and $576,000,000 is additional new budget authority
specified for purposes of a concurrent resolution on the budget in the
Senate and section 1(h) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022 for additional health
care fraud and abuse control activities: Provided further, That the
Secretary shall provide not less than $35,000,000 from amounts made
available under this heading and amounts made available for fiscal year
2023 under section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,883,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2024, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $1,500,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $9,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the Secretary may,
in addition to the authorities provided in section 2609A(a)(1), use
such funds through contracts with private entities that do not qualify
as nonprofit organizations: Provided further, That all but
$884,848,000 of the amount appropriated under this heading in this Act
and in the second paragraph under this heading in the Disaster Relief
Supplemental Appropriations Act, 2023 shall be allocated as though the
total appropriation for such payments for fiscal year 2023 was less
than $1,975,000,000: Provided further, That, after applying all
applicable provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive an
allocation, from the amount appropriated under this heading in this Act
together with the amount appropriated in the second paragraph under
this heading in the Disaster Relief Supplemental Appropriations Act,
2023, that is less than 97 percent of the amount that it received under
this heading for fiscal year 2022 from amounts appropriated in Public
Law 117-103 shall have its allocation increased to that 97 percent
level, with the portions of other States' and territories' allocations
that would exceed 100 percent of the amounts they respectively received
in such fashion for fiscal year 2022 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$6,427,214,000, of which $6,377,459,000 shall remain available through
September 30, 2025 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 shall not apply to funds made
available under this heading: Provided further, That for any month in
fiscal year 2023 that the number of unaccompanied children referred to
the Department of Health and Human Services pursuant to section 462 of
the Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
exceeds 13,000, as determined by the Secretary of Health and Human
Services, an additional $27,000,000, to remain available until
September 30, 2024, shall be made available for obligation for every
500 unaccompanied children above that level (including a pro rata
amount for any increment less than 500), for carrying out such sections
462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $8,021,387,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$214,960,000 shall be for Indian tribes and tribal organizations:
Provided further, That of the amounts made available under this
heading, the Secretary may reserve up to 0.5 percent for Federal
administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, and the Low-Income Home Energy Assistance
Act of 1981, $14,618,437,000, of which $75,000,000, to remain available
through September 30, 2024, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2023: Provided, That
$11,996,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $596,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section, of which not less than $13,000,000 shall be
available to migrant and seasonal Head Start programs for such
activities, in addition to funds made available for migrant and
seasonal Head Start programs under any other provision of
section 640(a) of such Act;
(4) $100,000,000, in addition to funds otherwise available
for such purposes under section 640 of the Head Start Act,
shall be available through September 30, 2024, for awards to
eligible entities for Head Start and Early Head Start programs
and to entities defined as eligible under section 645A(d) of
such Act for high quality infant and toddler care through Early
Head Start-Child Care Partnerships, and for training and
technical assistance for such activities: Provided, That of
the funds made available in this paragraph, up to $21,000,000
shall be available to the Secretary for the administrative
costs of carrying out this paragraph;
(5) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent with
section 648(g) of such Act; and
(6) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $315,000,000 shall be
available until December 31, 2023 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $804,383,000 shall be for
making payments under the CSBG Act: Provided further, That for
services furnished under the CSBG Act with funds made available for
such purpose in this fiscal year and in fiscal year 2022, States may
apply the last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided further,
That $34,383,000 shall be for section 680 of the CSBG Act, of which not
less than $22,383,000 shall be for section 680(a)(2) and not less than
$12,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under such
Act, and have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided further, That
the Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $240,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and
Federal costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided
further, That $107,848,000 shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $86,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $6,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case
of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2024,
$3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist
individuals with disabilities, $2,482,545,000, together with
$55,242,000 to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund to
carry out section 4360 of the Omnibus Budget Reconciliation Act of
1990: Provided, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That up
to 5 percent of the funds provided for adult protective services grants
under section 2042 of title XX of the Social Security Act may be used
to make grants to Tribes and tribal organizations: Provided further,
That $2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship: Provided further, That of the amount made available
under this heading, $41,644,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$537,144,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $60,000,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $35,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in
the prevention, diagnosis, and treatment of kidney diseases (as
authorized by section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $196,000,000 shall remain available until
September 30, 2024, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $66,238,000 shall be from
amounts made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$87,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums shall be
available for carrying out activities authorized under section 3022 of
the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,647,569,000, of which $950,000,000 shall remain
available through September 30, 2024, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2025: Provided further, That $75,000,000 of the
amounts made available to support coordination of the development,
production, and distribution of vaccines, therapeutics, and other
medical countermeasures shall remain available through September 30,
2024.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $820,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $965,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $335,000,000; of which $300,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health, $1,500,000,000, to
remain available through September 30, 2025: Provided, That the
President shall appoint in the Department of Health and Human Services
a director of advanced research projects for health (Director):
Provided further, That funds may be used to make or rescind
appointments of scientific, medical, and professional personnel without
regard to any provision in title 5 governing appointments under the
civil service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined by the
Director, up to the amount of annual compensation (excluding expenses)
specified in section 102 of title 3, United States Code: Provided
further, That the Director may use funds made available under this
heading to make awards in the form of grants, contracts, cooperative
agreements, and cash prizes, and enter into other transactions (as
defined in section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading shall not
be subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of
the PHS Act: Provided further, That the Secretary may transfer the
Advanced Research Projects Agency for Health, including the functions,
personnel, missions, activities, authorities, and funds, within 30 days
of enactment of this Act to any agency or office of the Department of
Health and Human Services, including the National Institutes of Health:
Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate shall be notified at least 15 days in
advance of any transfer pursuant to the preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2023 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2023:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2024
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2024 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2024. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2025, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $455,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements,
as listed in Exhibit 1 of the Flores Settlement
Agreement that the Secretary determines are applicable
to non-State licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1) if
the Secretary certifies and provides a report to Congress on
the contractor's or grantee's good-faith efforts and progress
towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed facilities.
Sec. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 234. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $650,000,000 are hereby rescinded not later than September 30,
2023.
Sec. 237. The Secretary of Health and Human Services may waive
penalties and administrative requirements in title XXVI of the Public
Health Service Act for awards under such title from amounts provided
under the heading ``Department of Health and Human Services--Health
Resources and Services Administration'' in this or any other
appropriations Act for this fiscal year, including amounts made
available to such heading by transfer.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2023''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $19,087,790,000, of which
$8,159,490,000 shall become available on July 1, 2023, and shall remain
available through September 30, 2024, and of which $10,841,177,000
shall become available on October 1, 2023, and shall remain available
through September 30, 2024, for academic year 2023-2024: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2022, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $5,282,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $5,282,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $224,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $52,123,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,618,112,000,
of which $1,468,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $18,406,000, to remain available
through September 30, 2024, shall be for construction under section
7007(b), $78,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2022-2023,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 7003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,810,642,000, of which $3,952,312,000 shall become available on July
1, 2023, and remain available through September 30, 2024, and of which
$1,681,441,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024, for academic year 2023-
2024: Provided, That $390,000,000 shall be for part B of title I:
Provided further, That $1,329,673,000 shall be for part B of title IV:
Provided further, That $45,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related to
a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative
costs: Provided further, That $44,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That $55,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $24,464,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $215,000,000
shall be for part B of title V: Provided further, That $1,380,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $194,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and
$12,365,000 shall be for subpart 3 of part A of title VI: Provided,
That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g)
of the ESEA on the use of funds for administrative purposes shall apply
only to direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds provided
under this heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,253,000,000: Provided, That $286,000,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $683,000,000 shall be for parts C, D, and E and
subpart 4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use not less than
$60,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2024, to carry out
section 4305(b), and not more than $16,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $284,000,000 shall be available
through December 31, 2023 for subpart 1 of part F of title IV:
Provided further, That of the funds available for subpart 4 of part F
of title IV, not less than $8,000,000 shall be used for continuation
grants for eligible national nonprofit organizations, as described in
the Applications for New Awards; Assistance for Arts Education Program
published in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $457,000,000, to remain available through
December 31, 2023: Provided, That $216,000,000 shall be available for
section 4631, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $890,000,000,
which shall become available on July 1, 2023, and shall remain
available through September 30, 2024, except that 6.5 percent of such
amount shall be available on October 1, 2022, and shall remain
available through September 30, 2024, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$15,453,264,000, of which $5,870,321,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $9,283,383,000 shall become available on October 1, 2023, and
shall remain available through September 30, 2024, for academic year
2023-2024: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2022, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2022: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal
year in which a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each State in an
amount equal to the maximum amount described in section 643(e)(2)(B) of
such Act: Provided further, That if more than 5 States apply for
grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
allotted under section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds it
receives under section 633 of the IDEA to offer continued early
intervention services to a child who previously received services under
part C of the IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent and without
regard to the procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,092,906,000, of which $3,949,707,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this
Act, and unobligated balances from title III of the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2022, (division H of Public Law 117-103), that
remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities, including related Federal administrative expenses, and
for improving monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation Act,
including information technology modernization: Provided further, That
up to 15 percent of the amounts available subsequent to reallotment for
the activities described in the first proviso from funds provided under
this paragraph in this Act, may be used for evaluation and technical
assistance related to such activities: Provided further, That States
may award subgrants for a portion of the funds to other public and
private, nonprofit entities: Provided further, That any funds provided
in this Act and made available subsequent to reallotment for the
purposes described in the first proviso shall remain available until
September 30, 2024: Provided further, That the Secretary may transfer
funds provided in this Act and made available subsequent to the
reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for the
evaluation of outcomes for students receiving services and supports
under IDEA and under title I, section 504 of title V, and title VI of
the Rehabilitation Act: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $92,500,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $165,361,000, of which up to $15,000,000, to remain available
until expended, shall be for construction, as defined by section 201(2)
of such Act: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$2,191,436,000, of which $1,400,436,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $791,000,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024: Provided, That
$25,000,000 shall be available for innovation and modernization grants
under such section 114(e) of the Perkins Act: Provided further, That
of the amounts made available for AEFLA, $13,712,000 shall be for
national leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,615,352,000 which shall remain available
through September 30, 2024.
The maximum Pell Grant for which a student shall be eligible during
award year 2023-2024 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,033,943,000, to remain available through
September 30, 2024: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to October 1,
2017, the Secretary shall allow student loan borrowers who are
consolidating Federal student loans to select from any student loan
servicer to service their new consolidated student loan: Provided
further, That in order to promote accountability and high-quality
service to borrowers, the Secretary shall not award funding for any
contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support to
borrowers at risk of delinquency or default: Provided further, That
FSA shall ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service levels; are
held accountable for and have a history of compliance with applicable
consumer protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance: Provided further, That not later than
60 days after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2023 and provide quarterly
updates on this plan (including contracts awarded, change orders,
bonuses paid to staff, reorganization costs, and any other activity
carried out using amounts provided under this heading for fiscal year
2023): Provided further, That the FSA Next Generation Processing and
Servicing Environment, or any new Federal student loan servicing
environment, shall include accountability measures that account for the
performance of the portfolio and contractor compliance with FSA
guidelines: Provided further, That notwithstanding the requirements of
the Federal Property and Administration Services Act of 1949, 41 U.S.C.
3101 et seq., as amended; parts 6, 16, and 37 of title 48, Code of
Federal Regulations; or any other procurement limitation on the period
of performance, the Secretary may extend the period of performance for
any contract under section 456 of the HEA for servicing activities for
up to one year from the current date of expiration.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,526,037,000, of which $184,000,000 shall remain available through
December 31, 2023: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government,
the professions, or international development: Provided further, That
of the funds referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of
title IV of the HEA may be used for evaluation: Provided further, That
section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the
HEA: Provided further, That amounts made available for carrying out
section 419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of the
amounts made available under this heading, $429,587,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
302 of this Act.
Howard University
For partial support of Howard University, $354,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2024: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $752,065,725:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664 of the
Individuals with Disabilities Education Act, $807,605,000, which shall
remain available through September 30, 2024: Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public
or private organizations or agencies to support activities to improve
data coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $426,907,000, of which up to $7,000,000, to
remain available until expended, shall be available for relocation
expenses, and for the renovation and repair of leased buildings:
Provided, That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous Appropriations Acts
to the Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $67,500,000, of which $3,000,000 shall remain available until
expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2023, through September 30, 2024.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2023 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be
applied by substituting ``2023'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall
be applied by substituting ``2023'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023, $75,000,000 are hereby
rescinded.
Sec. 309. Of the amounts made available in this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 310. The Secretary may reserve not more than 0.5 percent from
any amount made available in this Act for an HEA program, except for
any amounts made available for subpart 1 of part A of title IV of the
HEA, to carry out rigorous and independent evaluations and to collect
and analyze outcome data for any program authorized by the HEA:
Provided, That no funds made available in this Act for the ``Student
Aid Administration'' account shall be subject to the reservation under
this section: Provided further, That any funds reserved under this
section shall be available through September 30, 2025: Provided
further, That if, under any other provision of law, funds are
authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and Pensions
of the Senate, and the Committee on Education and Labor of the House of
Representatives a plan that identifies the source and amount of funds
reserved under this section, the impact on program grantees if funds
are withheld for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 311. In addition to amounts otherwise appropriated by this
Act under the heading ``Innovation and Improvement'' for purposes
authorized by the Elementary and Secondary Education Act of 1965, there
are hereby appropriated an additional $200,443,000 which shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available for such
projects shall be subject to section 302 of this Act.
(including transfer of funds)
Sec. 312. Of the amounts appropriated in this Act for ``Institute
of Education Sciences'', $19,000,000 shall be available for the
Secretary of Education (``the Secretary'') to provide support services
to the Institute of Education Sciences (including, but not limited to
information technology services, lease or procurement of office space,
human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary
amounts to the ``Institute of Education Sciences'' account from the
``Program Administration'' account: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 14 days in advance of any transfer made
pursuant to this section.
Sec. 313. The Education Amendments Act of 1972 is amended by
striking section 802.
(rescission)
Sec. 314. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A
of title IV of the HEA, $360,000,000 are hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2023''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $13,124,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $3,150,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $975,525,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $19,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $230,000,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2023, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ``an approved national service position'' for ``a
national service program that receives grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2025, $535,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$53,705,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,824,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $299,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which
shall include amounts becoming available in fiscal year 2023 pursuant
to section 224(c)(1)(B) of Public Law 98-76; and in addition, an
amount, not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2024, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $128,000,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$48,609,338,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2025.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2024, $15,800,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $13,985,978,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,700,000 shall be for the
Social Security Advisory Board: Provided further, That $55,000,000
shall remain available through September 30, 2024, for activities to
address the disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2023 not needed
for fiscal year 2023 shall remain available until expended to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,784,000,000, to remain available through
March 31, 2024, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of a
concurrent resolution on the budget in the Senate, and $1,511,000,000
is additional new budget authority specified for purposes of a
concurrent resolution on the budget in the Senate and section 1(i) of
H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided further, That, of the
additional new budget authority described in the preceding proviso, up
to $15,100,000 may be transferred to the ``Office of Inspector
General'', Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided
further, That such transfer authority is in addition to any other
transfer authority provided by law: Provided further, That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these funds,
similar to the reports that were required by section 103(d)(2) of
Public Law 104-121 for fiscal years 1996 through 2002: Provided
further, That none of the funds described in this paragraph shall be
available for transfer or reprogramming except as specified in this
paragraph.
In addition, $140,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2023 exceed $140,000,000, the amounts shall be available in
fiscal year 2024 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2023, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2023 that are different than those
specified in this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) or the
fiscal year 2023 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2023, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2023'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2027'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division A of Public Law 116-94, section 524 of division H of Public
Law 116-260, and section 523 of division H of Public Law 117-103.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2023 the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human Services, and
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 526. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 527. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section
2104(n)(2)(C) of that Act, $14,628,000,000 shall not be available for
obligation in this fiscal year.
Sec. 529. (a) This section applies to: (1) the Administration for
Children and Families in the Department of Health and Human Services;
and (2) the Chief Evaluation Office and the statistical-related
cooperative and interagency agreements and contracting activities of
the Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be
available for obligation through September 30, 2027: Provided, That
when an office referenced in subsection (a) receives research and
evaluation funding from multiple appropriations, such offices may use a
single Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may
be deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts
are available.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2023''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader of the
Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $258,677,000, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,907,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $832,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $359,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $6,196,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,876,000.
committee on appropriations
For salaries of the Committee on Appropriations, $17,900,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,891,000 for each such committee; in all, $3,782,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $940,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,931,000 for each such committee; in all,
$3,862,000.
office of the chaplain
For Office of the Chaplain, $598,000.
office of the secretary
For Office of the Secretary, $29,282,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $108,929,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $2,126,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $77,088,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $8,150,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,350,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for
the Majority of the Senate, $7,500; Secretary for the Minority of the
Senate, $7,500; in all, $30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $145,615,000, of which
$14,561,500 shall remain available until September 30, 2025.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $552,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,515,000, of which $13,254,193 shall remain available until
September 30, 2027, and of which $4,260,807 shall remain available
until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $171,844,000, of which $160,144,000 shall remain
available until September 30, 2027: Provided, That of the amount
provided under this heading, $5,000,000 shall be for Senate hearing
room audiovisual equipment, to remain available until expended:
Provided further, That of the amount provided under this heading,
$2,500,000 shall be for a residential security system program, to
remain available until expended.
sergeant at arms fellowships fund
For expenses authorized by the Sergeant at Arms Fellowships Fund
established in section 102 of this Act, $6,277,000, to remain available
until expended.
miscellaneous items
For miscellaneous items, $27,814,000 which shall remain available
until September 30, 2025.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$512,000,000, of which $20,128,950 shall remain available until
September 30, 2025, and of which $7,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
mccain-mansfield and sfc sean cooley and spc christopher horton
congressional gold star family fellowships programs
Sec. 102. (a) Definitions.--In this section--
(1) the term ``appropriate committees of the Senate'' means
the Committee on Appropriations and the Committee on Rules and
Administration of the Senate;
(2) the term ``Fellowships Programs'' means the SFC Sean
Cooley and SPC Christopher Horton Congressional Gold Star
Family Fellowship Program (commonly referred to as the ``Green
and Gold Congressional Aide Program'') established under Senate
Resolution 442 (117th Congress), agreed to November 4, 2021,
and the McCain-Mansfield Fellowship Program established under
Senate Resolution 443 (117th Congress), agreed to November 4,
2021, or any successor program to such programs;
(3) the term ``Fund'' means the Sergeant at Arms
Fellowships Fund established under subsection (b); and
(4) the term ``Sergeant at Arms'' means the Sergeant at
Arms and Doorkeeper of the Senate.
(b) Establishment.--There is established under the heading
``Contingent Expenses of the Senate'' an account to be known as the
``sergeant at arms fellowships fund''.
(c) Use of Amounts.--
(1) In general.--Amounts in the Fund shall be available to
the Sergeant at Arms for the costs of compensation of fellows
under the Fellowships Programs and the administration of the
Fellowships Programs, except as provided in paragraph (2).
(2) Agency contributions.--Agency contributions for the
Fellowships Programs shall be paid from the appropriations
account for ``Salaries, Officers and Employees'' of the Senate.
(d) Oversight.--The Sergeant at Arms shall provide to the
appropriate committees of the Senate--
(1) a plan regarding the administration of the Fund by the
Sergeant at Arms prior to obligation of any funds, to be
updated and resubmitted following any changes to the plan; and
(2) annual reports regarding the costs of the Fellowships
Programs paid from the Fund.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund for fiscal year 2023, and each fiscal year
thereafter, such sums as are necessary for the compensation of fellows
under the Fellowships Programs during the fiscal year and for the
administration of the Fellowships Programs.
(f) Exclusion for Purposes of Staffing Limits on the Office of the
Sergeant at Arms.--The payment of compensation to any individual
serving in a fellowship under the Fellowships Programs by the Sergeant
at Arms shall not be included for purposes of any limitation on
staffing levels of the Office of the Sergeant at Arms.
senate democratic leadership offices funding authorities
Sec. 103. (a) Section 104 of division I of the Consolidated
Appropriations Act, 2021 (2 U.S.C. 6154 note) is amended--
(1) by striking ``Office of the Assistant Leader'' each
place it appears and inserting ``office of the designated
officer'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``means the 117th
Congress; and'' and inserting ``means the 118th
Congress;'';
(B) in paragraph (3), by striking ``and ending on
January 3, 2023.'' and inserting ``and ending on
January 7, 2025; and''; and
(C) by adding at the end the following:
``(4) the term `designated officer of the applicable
conference' means the member of the leadership of the
applicable conference to whom the duties and authorities of the
Secretary of the applicable conference are assigned under
subsection (b).'';
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ``January 3, 2021, assign to the Assistant
Leader of the applicable conference'' and inserting ``January
3, 2023, at the direction of the Chair of the applicable
conference, assign to a member of the leadership of the
applicable conference''; and
(4) in subsection (c)(3), by striking ``Assistant Leader''
and inserting ``designated officer''.
(b) The amendments made by subsection (a) shall take effect on
January 3, 2023.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,847,571,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $36,560,000,
including: Office of the Speaker, $10,499,000, including $35,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$3,730,000, including $15,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $10,499,000, including
$17,500 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $3,099,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$2,809,000, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,962,000; Democratic Caucus, $2,962,000:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2023 until January 2, 2024.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation
of interns who serve in the offices of Members of the House of
Representatives, $20,638,800, to remain available through January 2,
2024: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more
than $46,800 of the allowance available under this heading during
legislative year 2023.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
interns who serve in House leadership offices, $586,000, to remain
available through January 2, 2024: Provided, That of the amount
provided under this heading, $322,300 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the
House of Representatives, and $263,700 shall be available for the
compensation of interns who serve in House leadership offices of the
minority, to be allocated among such offices by the Minority Floor
Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for
the compensation of interns who serve in offices of standing, special,
and select committees (other than the Committee on Appropriations),
$2,600,000, to remain available through January 2, 2024: Provided,
That of the amount provided under this heading, $1,300,000 shall be
available for the compensation of interns who serve in offices of the
majority, and $1,300,000 shall be available for the compensation of
interns who serve in offices of the minority, to be allocated among
such offices by the Chair, in consultation with the ranking minority
member, of the Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for
the compensation of interns who serve in offices of the Committee on
Appropriations, $463,000: Provided, That of the amount provided under
this heading, $231,500 shall be available for the compensation of
interns who serve in offices of the majority, and $231,500 shall be
available for the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee on
Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $180,587,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2024, except that $5,800,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$31,294,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,057,000, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $40,827,000, of which $9,000,000 shall remain available
until expended; for salaries and expenses of the Office of the Sergeant
at Arms, including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than $3,000 for
official representation and reception expenses, $38,793,000, of which
$22,232,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $211,572,000, of which $25,977,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $3,500,000, of which $1,000,000 shall remain available
until expended; for salaries and expenses of the Office of the
Whistleblower Ombuds, $1,250,000; for salaries and expenses of the
Office of the Inspector General, $5,138,000; for salaries and expenses
of the Office of General Counsel, $1,912,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,184,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,746,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $13,457,000, of which $2,000,000
shall remain available until expended; for salaries and expenses of the
Office of Interparliamentary Affairs, $934,000; for other authorized
employees, $744,000: Provided, That of the amount made available until
expended under this heading to the Office of the Sergeant at Arms,
$4,700,000 shall be for activities associated with securing the
permanent residences of Members of the House of Representatives in the
congressional districts the Members represent and securing the
temporary residences of Members in the District of Columbia, and may
not be transferred or merged under sections 101(b) or 101(c)(2) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 5507(b) and
(c)(2)): Provided further, That as used in the preceding proviso, the
term ``Members of the House of Representatives'' shall include a
Delegate or Resident Commissioner to the Congress.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $430,785,200, including: supplies, materials, administrative costs
and Federal tort claims, $1,555,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other applicable
employee benefits, $387,368,200, to remain available until March 31,
2024, except that $37,000,000 of such amount shall remain available
until expended; salaries and expenses for Business Continuity and
Disaster Recovery, $22,841,000, of which $6,776,000 shall remain
available until expended; transition activities for new members and
staff, $5,895,000, to remain available until expended; Green and Gold
Congressional Aide Program, $9,674,000, to remain available until
expended; Office of Congressional Ethics, $1,762,000; and miscellaneous
items including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities
to heirs of deceased employees of the House, $1,500,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives Account
established under section 115 of the Legislative Branch Appropriations
Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until
expended: Provided, That disbursement from this account is subject to
approval of the Committee on Appropriations of the House of
Representatives: Provided further, That funds provided in this account
shall only be used for initiatives recommended by the Select Committee
on Modernization or approved by the Committee on House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be
available only for fiscal year 2023. Any amount remaining after all
payments are made under such allowances for fiscal year 2023 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to carry
out this section.
(c) As used in this section, the term ``Member of the House of
Representatives'' means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
house intern resource office
Sec. 113. (a) Establishment; Coordinator.--
(1) Establishment; coordinator.--There is established in
the Office of the Chief Administrative Officer of the House of
Representatives the House Intern Resource Office (hereinafter
referred to as the ``Office'').
(2) Appointment.--The Office shall be headed by the House
Intern Resource Coordinator (hereinafter referred to as the
``Coordinator''), who shall be employed by the Chief
Administrative Officer in consultation with the chair and
ranking minority member of the Committee on House
Administration.
(b) Duties.--In consultation with the Office of Diversity and
Inclusion and such other offices as the Coordinator considers
appropriate, the Office shall--
(1) provide support services, such as accommodations,
training, and professional development, to interns of offices
of the House of Representatives;
(2) serve as a center for resources and best practices for
the recruitment, hiring, training, and use of interns by
offices of the House of Representatives; and
(3) gather demographic and other data about interns of
offices of the House of Representatives.
(c) Addressing Inequities in Access to Internships.--In carrying
out its duties, the Office shall consider inequities in access to
internships in offices of the House of Representatives, and shall
consider the viability of establishing an intern stipend program for
interns from underrepresented backgrounds, including those who attend
Historically Black Colleges and Universities (HBCUs), Tribal Colleges
and Universities, Hispanic-Serving Institutions (HSIs), and other
Minority Serving Institutions described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023 and each succeeding fiscal year such
sums as may be necessary to carry out this section.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
educational assistance and professional development for house
employees
Sec. 114. (a) Expansion of Student Loan Repayment Program to Cover
Educational Assistance and Professional Development.--Section 105(a) of
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536(a)) is
amended to read as follows:
``(a) Program to Cover Student Loan Repayment, Educational
Assistance, and Professional Development for House Employees.--
``(1) Establishment.--The Chief Administrative Officer
shall establish a program under which an employing office of
the House of Representatives may agree--
``(A) to repay (by direct payment on behalf of the
employee) any student loan previously taken out by an
employee of the office;
``(B) to make direct payments on behalf of an
employee of the office or to reimburse an employee of
the office for expenses paid by the employee for the
employee's educational and professional development;
and
``(C) to make direct payments on behalf of an
employee of the office or to reimburse an employee of
the office for credentialing, professional
accreditation, professional licensure, and professional
certification expenses paid by the employee.
``(2) Exclusion of members.--For purposes of this section,
a Member of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) shall not be
considered to be an employee of the House of
Representatives.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments made during fiscal year 2023 or any
succeeding fiscal year.
house services revolving fund
Sec. 115. (a) Inclusion of Funds Received From Operation of Dry
Cleaning and Laundry Service.--Section 105(a) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 5545(a)) is amended by adding at the
end the following new paragraphs:
``(8) The operation of the House Dry Cleaning and Laundry
Service.
``(9) Other activities related to the operation of services
offered by the House of Representatives, as approved by the
Committee on Appropriations of the House of Representatives.''.
(b) Use of Amounts Subject to Notification Provided to Committee on
Appropriations.--Section 105(b) of such Act (2 U.S.C. 5545(b)) is
amended by striking ``which is approved by'' and inserting ``upon
notification provided by the Chief Administrative Officer to''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
clarification of use of child care center revolving fund to staff
training classes and conferences
Sec. 116. (a) Use of Fund.--Section 312(d)(3)(B) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(B)) is amended by
striking ``The reimbursement of individuals employed by the center for
the cost of training classes and conferences'' and inserting ``The cost
of training classes and conferences for individuals employed by the
center''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
availability of authority of executive agencies to use appropriated
amounts for child care to house of representatives
Sec. 117. (a) Availability of Authority.--Section 590(g) of title
40, United States Code, is amended by adding at the end the following
new paragraph:
``(6) Application to house of representatives.--This
subsection shall apply with respect to the House of
Representatives in the same manner as it applies to an
Executive agency, except that--
``(A) the authority granted to the Office of
Personnel Management shall be exercised with respect to
the House of Representatives by the Speaker of the
House of Representatives in accordance with regulations
promulgated by the Committee on House Administration;
and
``(B) amounts may be made available to implement
this subsection with respect to the House of
Representatives without advance notice to the Committee
on Appropriations of the Senate.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$12,948,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and their assistants,
including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $900 per month to 2 assistants and $900
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$4,181,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,702,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $541,730,000 of which overtime
shall not exceed $64,912,000 unless the Committees on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee: Provided, That of the
total amount appropriated, $16,000,000 shall be available for retention
bonuses: Provided further, That of the total amount appropriated,
$3,450,000 is for agreed upon protection activities for Members of
Congress and shall be available until September 30, 2024, with
notification to the Committees on Appropriations prior to the
obligation of funds.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Centers, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $192,846,000, to be
disbursed by the Chief of the Capitol Police or a duly authorized
designee, of which $6,028,000 shall be for agreed upon protection
activities for Members of Congress and shall be available until
September 30, 2025: Provided, That amounts made available for the
Enhanced Member Protection Program may be obligated and expended only
upon approval of the Committees on Appropriations: Provided further,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Centers for fiscal year 2023 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
volunteer chaplain services
Sec. 120. (a) The Chief of the Capitol Police shall have authority
to accept unpaid religious chaplain services, whereby volunteers from
multiple faiths, authorized by their respective religious endorsing
agency or organization, may advise, administer, and perform spiritual
care and religious guidance for Capitol Police employees.
(b) Chaplains shall not be required to perform any rite, ritual, or
ceremony, and employees shall not be required to receive such rite,
ritual, or ceremony, if doing so would compromise the conscience, moral
principles, or religious beliefs of such chaplain or employees or the
chaplain's endorsing agency or organization.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
Sec. 121. Notwithstanding any other provision of law (except
section 1341 of title 31, United States Code), hereafter, the United
States Capitol Police shall perform a threat assessment for former
Speakers of the House of Representatives, and if warranted, any such
former Speaker shall receive a United States Capitol Police protective
detail for a period of not more than one year beginning on the date
they leave such office, except that such former Speaker shall have the
option to decline such protective detail at any time: Provided, That
at the conclusion of the one year period, the United States Capitol
Police shall perform a threat assessment to determine whether extension
of the protective detail is warranted: Provided further, That, the
protective detail may be extended beyond the initial one year period,
with the concurrence of the relevant former Speaker, if the United
States Capitol Police determines that information or conditions,
including but not limited to violent threats, warrant such protection:
Provided further, That the United States Capitol Police is authorized
to enter into Memoranda of Understanding with relevant state and local
law enforcement agencies, as needed, to carry out this section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $8,000,000, of which $2,500,000
shall remain available until September 30, 2024, and of which not more
than $1,000 may be expended on the certification of the Executive
Director in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $63,237,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $145,843,000: Provided, That none of the funds
appropriated or made available under this heading in this Act or any
other Act, including previous Acts, may be used for a home-to-work
vehicle for the Architect or a duly authorized designee.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $80,589,000, of which $6,099,000 shall remain available
until September 30, 2027, and of which $42,785,000 shall remain
available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $16,365,000, of which $2,000,000 shall remain
available until September 30, 2027.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $184,596,000, of which $66,000,000 shall remain available
until September 30, 2027, and of which $36,100,000 shall remain
available until expended.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $126,279,000, of which $14,500,000 shall
remain available until September 30, 2027, and of which $40,600,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building: Provided, That of the
amount made available under this heading, $4,000,000 shall be derived
by transfer from the House Office Building Fund established under
section 176(d) of the Continuing Appropriations Act, 2017 (2 U.S.C.
2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $166,951,000, of which $68,600,000 shall remain
available until September 30, 2027: Provided, That not more than
$10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2023.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$144,220,000, of which $108,000,000 shall remain available until
September 30, 2027.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $402,907,000, of which
$346,255,000 shall remain available until September 30, 2027:
Provided, That of such amount, $80,000,000 shall be for design and
construction of enhanced screening vestibules at the north and south
Capitol Building entrances: Provided further, That of such amount,
$238,455,000 shall be for the Capitol Complex Security Program:
Provided further, That amounts made available for the Capitol Complex
Security Program may be obligated and expended only upon approval of
the Committees on Appropriations.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $23,560,000, of which $8,200,000 shall
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $27,692,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
reauthorization of fallen heroes flag act of 2016
Sec. 131. Section 5 of the Fallen Heroes Flag Act of 2016 (2
U.S.C. 1881c) is amended by striking ``through 2022'' and inserting
``through 2028''.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of
the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $582,529,000, and, in
addition, amounts credited to this appropriation during fiscal year
2023 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150), shall remain available until expended: Provided, That the
Library of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $12,245,000 shall remain
available until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,459,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of the
total amount appropriated, $250,000 shall remain available until
expended for the Surplus Books Program to promote the program and
facilitate a greater number of donations to eligible entities across
the United States: Provided further, That of the total amount
appropriated, $3,976,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of already
collected materials, reach a greater number of veterans to record their
stories, and promote public access to the Project: Provided further,
That of the total amount appropriated, $1,500,000 shall remain
available until expended for the COVID-19 American History Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $100,674,000,
of which not more than $39,702,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2023 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than $7,210,000
shall be derived from collections during fiscal year 2023 under
sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$46,912,000: Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization initiatives, of
which $10,000,000 shall remain available until September 30, 2024:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $133,600,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,657,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and print disabled residents at
no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2023, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $308,554,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
Legislative Branch.
use of appropriated funds to cover salaries of certain personnel of
little scholars child development center
Sec. 141. (a) Use of Funds.--Section 210 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 162b) is amended--
(1) in subsection (f)(1), by striking ``pay to the Library
of Congress'' and inserting ``except as provided in subsection
(g), pay to the Library of Congress'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Reimbursement for Certain Compensation.--Notwithstanding
paragraph (1) of subsection (f), in the case of expenses described in
such paragraph which are attributable to the compensation of the
Executive Director and Deputy Executive Director of the Center, the
Librarian of Congress may reimburse the Center for such expenses from
amounts appropriated or otherwise made available for salaries and
expenses of the Library of Congress.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to fiscal year 2023 and each succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $82,992,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying out the
purposes of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of
title 44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange
libraries as authorized by law, $35,257,000: Provided, That amounts of
not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets
and other related publications for the preceding two fiscal years to
depository and other designated libraries: Provided further, That
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $11,605,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $790,319,000, of which $5,000,000 shall remain
available until expended: Provided, That, in addition, $55,865,000 of
payments received under sections 782, 791, 3521, and 9105 of title 31,
United States Code, shall be available without fiscal year limitation:
Provided further, That amounts provided under this heading and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office
for International Leadership under section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000: Provided,
That funds made available to support Russian participants shall only be
used for those engaging in free market development, humanitarian
activities, and civic engagement, and shall not be used for officials
of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2023 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation
for a high or moderate impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high or moderate impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted an
assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such telecommunications
equipment for inclusion in a high or moderate impact system,
including any risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high or moderate impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such
telecommunications equipment for inclusion in a high or
moderate impact system is in the vital national security
interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended for
acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such
report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities or other official government
activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or reduce
plastic waste, including waste from plastic straws, explore the use of
biodegradable items, and increase recycling and composting
opportunities.
capitol complex health and safety
Sec. 211. In addition to the amounts appropriated under this Act
under the heading ``Office of the Attending Physician'', there is
hereby appropriated to the Office of the Attending Physician
$5,000,000, to remain available until expended, for response to COVID-
19, including testing, subject to the same terms and conditions as the
amounts appropriated under such heading.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2023''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,553,825,000, to remain
available until September 30, 2027: Provided, That, of this amount,
not to exceed $275,651,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $658,260,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $4,345,320,000, to remain available until September 30,
2027: Provided, That, of this amount, not to exceed $515,473,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$492,929,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Navy and Marine Corps'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $2,614,996,000, to remain available until September 30, 2027:
Provided, That, of this amount, not to exceed $251,634,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$509,540,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air Force'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,626,078,000, to remain available until September 30, 2027:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $506,927,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $109,680,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Defense-Wide'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $459,018,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $83,435,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $151,540,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army National Guard'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $279,353,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $56,982,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this heading,
$112,970,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air National Guard'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $193,878,000, to
remain available until September 30, 2027: Provided, That, of the
amount, not to exceed $24,829,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the amount made
available under this heading, $74,000,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army Reserve'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $36,837,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $9,090,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Navy determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $85,423,000, to
remain available until September 30, 2027: Provided, That, of the
amount, not to exceed $27,573,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $35,800,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Air Force Reserve'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $169,339,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $337,297,000, to
remain available until September 30, 2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $232,788,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,442,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2027:
``Military Construction, Army'', $243,490,000;
``Military Construction, Navy and Marine Corps'',
$423,300,000;
``Military Construction, Air Force'', $527,300,000;
``Military Construction, Defense-Wide'', $151,000,000;
``Military Construction, Army National Guard'',
$54,743,000;
``Military Construction, Army Reserve'', $56,600,000;
``Military Construction, Navy Reserve'', $116,964,000;
``Military Construction, Air Force Reserve'', $9,000,000;
``Family Housing Construction, Army'', $321,722,000; and
``Family Housing Construction, Air Force'', $18,800,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective
military department's unfunded priority list for fiscal year 2023
submitted to Congress: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 60
days after enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan for
funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from prior
appropriations Acts may be obligated before October 1, 2024 for fiscal
year 2017 and fiscal year 2018 military construction projects for which
project authorization has not lapsed or for which authorization is
extended for fiscal year 2023 by a National Defense Authorization Act:
Provided, That no amounts may be obligated pursuant to this section
from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 127. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 128. For an additional amount for the accounts and in the
amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2027:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000; and
``Military Construction, Air Force'', $90,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military department
concerned may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 129. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2027:
``Military Construction, Army'', $25,000,000;
``Military Construction, Navy and Marine Corps'',
$40,000,000; and
``Military Construction, Air Force'', $25,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military department
concerned may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military Construction,
Air Force'', $360,000,000, to remain available until September 30,
2027, for expenses incurred as a result of natural disasters:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified to address cost increases identified subsequent to
the fiscal year 2023 budget request for authorized major construction
projects included either in that request or funded in Title I of
Division J of Public Law 117-103, to remain available until September
30, 2027:
``Military Construction, Army'', $103,000,000;
``Military Construction, Navy and Marine Corps'',
$331,000,000;
``Military Construction, Air Force'', $273,000,000;
``Military Construction, Defense-Wide'', $279,347,000;
``Military Construction, Army National Guard'',
$66,000,000;
``Military Construction, Air National Guard'', $17,000,000;
``Military Construction, Army Reserve'', $24,000,000;
``Military Construction, Navy Reserve'', $5,500,000; and
``Military Construction, Air Force Reserve'', $11,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 132. For an additional amount for the accounts and in the
amounts specified for planning and design and authorized major
construction projects, for child development centers, to remain
available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $37,400,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 133. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $25,000,000, to remain available until
September 30, 2027, for planning and design of water treatment and
distribution facilities construction, including relating to
improvements of infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided, That not later than 180 days after the
date of enactment of this Act, the Secretary of the Navy, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 134. For an additional amount for the accounts and in the
amounts specified to address cost increases for authorized major
construction projects funded by this Act, to remain available until
September 30, 2027:
``Military Construction, Army'', $48,600,000;
``Military Construction, Navy and Marine Corps'',
$166,500,000;
``Military Construction, Air Force'', $63,350,000;
``Military Construction, Defense-Wide'', $14,200,000;
``Military Construction, Army National Guard'',
$18,900,000;
``Military Construction, Air National Guard'', $4,900,000;
``Military Construction, Army Reserve'', $2,000,000; and
``Military Construction, Air Force Reserve'', $500,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 135. For an additional amount for ``Military Construction,
Air National Guard'', $10,000,000, to remain available until September
30, 2027, for planning and design for construction at future foreign
military training sites: Provided, That not later than 60 days after
enactment of this Act, the Secretary of the Air Force, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 136. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$146,778,136,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That not to exceed
$21,423,000 of the amount made available for fiscal year 2024 under
this heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$8,452,500,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $121,126,000, which shall become
available on October 1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2023, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$942,330.
In addition, for administrative expenses necessary to carry out the
direct loan program, $445,698, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,863,000,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$261,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2022; and, in addition, $74,004,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $2,000,000,000 shall remain
available until September 30, 2025: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans: Provided further, That nothing in section 2044(e)(1)
of title 38, United States Code, may be construed as limiting amounts
that may be made available under this heading for fiscal years 2023 and
2024 in this or prior Acts.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2022; and, in addition, $33,000,000,000, plus
reimbursements, shall become available on October 1, 2023, and shall
remain available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30, 2025.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$1,400,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2022; and, in addition, $12,300,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $350,000,000 shall remain
available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $1,500,000,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2022; and, in addition, $8,800,000,000,
plus reimbursements, shall become available on October 1, 2023, and
shall remain available until September 30, 2024: Provided, That, of
the amount made available on October 1, 2023, under this heading,
$500,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $916,000,000, plus reimbursements, shall
remain available until September 30, 2024: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $430,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $433,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$285,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$5,782,000,000, plus reimbursements: Provided, That $1,494,230,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2024: Provided further,
That $4,145,678,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2024: Provided further, That $142,092,000 shall be for information
technology systems development, and shall remain available until
September 30, 2024: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased
or decreased by more than $3,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made
available under this heading for information technology systems
development shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the
deployment plan or schedule: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further, That
25 percent of the funds made available under this heading shall not be
available until July 1, 2023, and are contingent upon the Secretary of
Veterans Affairs--
(1) providing the Committees on Appropriations a report
detailing the status of outstanding issues impacting the
stability and usability of the new electronic health record
system, including those that contributed to the October 13,
2022, deployment delay, along with a timeline and measurable
metrics to resolve issues, no later than 60 days after
enactment of this Act;
(2) certifying and detailing any changes to the full
deployment schedule, no later than 60 days prior to July 1,
2023; and
(3) certifying in writing no later than 30 days prior to
July 1, 2023, the following--
(A) the status of issues included in the report
referenced in paragraph (1), including issues that have
not been closed but have been suitably resolved or
mitigated in a manner that will enhance provider
productivity and minimize the potential for patient
harm; and
(B) whether the system is stable, ready, and
optimized for further deployment at VA sites.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2024.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,447,890,000, of which
$731,722,000 shall remain available until September 30, 2027, and of
which $716,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and planning, cost estimating,
and design for major medical facility projects and major medical
facility leases and investment strategy studies funded through the
advance planning fund and the planning and design activities funded
through the design fund, staffing expenses, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment of
salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: Provided further, That funds made available under
this heading for fiscal year 2023, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2023; and (2) by the awarding of a construction contract
by September 30, 2024: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$626,110,000, of which $563,499,000 shall remain available until
September 30, 2027, and of which $62,611,000 shall remain available
until expended, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $50,000,000, to remain
available until expended.
Cost of War Toxic Exposures Fund
For investment in the delivery of veterans' health care associated
with exposure to environmental hazards, the expenses incident to the
delivery of veterans' health care and benefits associated with exposure
to environmental hazards, and medical and other research relating to
exposure to environmental hazards, as authorized by section 324 of
title 38, United States Code, and in addition to amounts otherwise
available for such purposes in the appropriations provided in this or
prior Acts, $5,000,000,000, to remain available until September 30,
2027: Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this heading for fiscal year
2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2023 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2023 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services shall be
available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, Diversity and Inclusion, the Office of
Employment Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human Resources and
Administration for all services provided at rates which will recover
actual costs but not to exceed $86,481,000 for the Office of Resolution
Management, Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication, and $4,576,000 for
the Alternative Dispute Resolution function within the Office of Human
Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
``General Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian Tribes and Tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $330,140,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $314,825,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2023 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2023, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
5-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October 1,
2018, and ending on January 1, 2024, none of the funds made available
to the Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans Health
Administration Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian Tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of division F of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.), or to prevent or impede the access of the
Inspector General to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this requirement.
Sec. 244. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2023 to convert any program which received specific
purpose funds in fiscal year 2022 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an approval
is issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 248 of division A of
Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise made
available by this Act may be used to conduct research commencing on or
after October 1, 2019, that uses any canine, feline, or non-human
primate unless the Secretary of Veterans Affairs approves such research
specifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of
research commencing on or after October 1, 2019, using canines,
felines, or non-human primates if the Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement of such
research, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such research could
only be met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research.
(d) Not later than 180 days after the date of the enactment of this
Act, and biannually thereafter, the Secretary shall submit to such
Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) The Department shall implement a plan under which the Secretary
will eliminate or reduce the research conducted using canines, felines,
or non-human primates by not later than 5 years after the date of
enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2023 and 2024 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 250. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 251. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $840,446,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
Sec. 252. Of the unobligated balances available in fiscal year
2023 in the ``Recurring Expenses Transformational Fund'' established in
section 243 of division J of Public Law 114-113, and in addition to any
funds otherwise made available for such purposes in this, prior, or
subsequent fiscal years, the following amounts shall be available for
the following purposes during the period of availability of the Fund:
(1) $804,510,000, for constructing, altering, extending,
and improving medical facilities of the Veterans Health
Administration, including all supporting activities and
required contingencies;
(2) $88,490,000, for facilities improvements at existing
medical facilities of the Veterans Health Administration; and
(3) $75,000,000, for the deployment, upgrade, or
installation of infrastructure or equipment to support goals
established in Executive Order 14057:
Provided, That prior to obligation of any of the funds provided in
this subsection, the Secretary of Veterans Affairs must provide a plan
for the execution of the funds appropriated in this subsection to the
Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed: Provided further, That funds may be reprogrammed among
the three purposes subject to the Secretary of Veterans Affairs
providing a request with the amount and purpose of the reprogramming to
the Committees on Appropriations of both Houses of Congress and such
Committees issuing an approval, or absent a response, a period of 30
days has elapsed.
Sec. 253. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of the ``Veterans Medical Care and Health Fund'',
established to execute section 8002 of the American Rescue Plan Act of
2021 (Public Law 117-2): Provided, That, at a minimum, the report
shall include an update on obligations by program, project or activity
and a plan for expending the remaining funds: Provided further, That
the Secretary of Veterans Affairs must submit notification of any plans
to reallocate funds from the current apportionment categories of
``Medical Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Medical Community Care'', or ``Medical and Prosthetic
Research'', including the amount and purpose of each reallocation to
the Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
Sec. 254. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of title
38, United States Code, between October 1, 2017 and September 30, 2018
for purposes of carrying out an order placed with the Department of
Veterans Affairs pursuant to section 1535 of title 31, United States
Code, that are available for obligation pursuant to section 7364(b)(1)
of title 38, United States Code, are to remain available for the
liquidation of valid obligations incurred by such corporation during
the period of performance of such order, provided that the Secretary of
Veterans Affairs determines that such amounts need to remain available
for such liquidation.
(rescissions of funds)
Sec. 255. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Asset and Infrastructure Review'', $5,000,000;
``Departmental Administration--Veterans Electronic Health
Record'', $150,000,000; and
``Departmental Administration--Construction, Major
Projects'', $76,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 256. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs hospitals, domiciliaries, or
clinics, conduct an environmental assessment, or to diminish healthcare
services at existing Veterans Health Administration medical facilities
as part of a planned realignment of services until the Secretary
provides to the Committees on Appropriations of both Houses of Congress
a report including an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural or
highly rural areas, including travel distances and transportation costs
to access a Department medical facility and availability of local
specialty and primary care.
(rescission of funds)
Sec. 257. Of the unobligated balances in the ``Recurring Expenses
Transformational Fund'' established in section 243 of division J of
Public Law 114-113, $90,874,000 is hereby rescinded.
Sec. 258. Unobligated balances available under the headings
``Construction, Major Projects'' and ``Construction, Minor Projects''
may be obligated by the Secretary of Veterans Affairs for a facility
pursuant to section 2(e)(1) of the Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016 (Public Law
114-294; 38 U.S.C. 8103 note), as amended, to provide additional funds
or to fund an escalation clause under such section of such Act:
Provided, That before such unobligated balances are obligated pursuant
to this section, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress the
authority to obligate such unobligated balances and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed: Provided further, That the request to obligate such
unobligated balances must provide Congress notice that the entity
described in section 2(a)(2) of Public Law 114-294, as amended, has
exhausted available cost containment approaches as set forth in the
agreement under section 2(c) of such Public Law.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $46,900,000: Provided, That
$3,385,000 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $93,400,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2025. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $62,500,000, to remain available until expended, of which
$2,500,000 shall be for study, planning and design, and architect and
engineering services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,360,000, to remain available until
September 30, 2024, of which $7,300,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to design,
planning, and construction for renovation of the Sheridan Building at
the Armed Forces Retirement Home--Washington, District of Columbia,
$77,000,000, to remain available until expended, shall be paid from the
general fund of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,463,159,000, of which
$844,418,000 may remain available until September 30, 2024, and of
which up to $3,813,707,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,420,898,000, of which up to $684,767,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,841,831,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $1,043,372,000.
(4) Security programs.--For necessary expenses for security
activities, $3,157,058,000, of which up to $3,128,940,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this heading
for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'',
to be available only for emergency evacuations and
rewards, as authorized: Provided, That the exercise of
the authority provided by this subparagraph shall be
subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading shall be
made available to support the activities of the
Ambassador-at-Large for the Arctic Region, as described
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act).
(E) Of the amount made available under this
heading, up to $75,000,000 may be transferred to, and
merged with, funds made available in title I of this
Act under the heading ``Capital Investment Fund'':
Provided, That the exercise of the authority provided
by this subparagraph shall be subject to prior
consultation with the Committees on Appropriations.
(F) The eleventh proviso under the heading
``Diplomatic and Consular Programs'' in the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (title I of division J of
Public Law 110-161) is amended by inserting ``and for
expenses of rewards programs'' after ``for rewards
payments''.
(G) Consistent with section 204 of the Admiral
James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (22
U.S.C. 2452b), up to $25,000,000 of the amounts made
available under this heading may be obligated and
expended for United States participation in
international fairs and expositions abroad, including
for construction and operation of a United States
pavilion at Expo 2025.
(H) Of the funds appropriated under this heading,
not less than $2,000,000 shall be made available for a
grant to a postsecondary educational institution for
the purpose of establishing a program to increase the
participation of undergraduate students in the Foreign
Service, as authorized by section 150 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 2719): Provided, That such grant program
shall hereafter be named the ``Nancy Pelosi Fellowship
Program''.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$98,500,000, of which $14,775,000 may remain available until September
30, 2024: Provided, That funds appropriated under this heading are
made available notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to
remain available until September 30, 2024: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $777,500,000, to remain available until
expended, of which not less than $287,500,000 shall be for the
Fulbright Program and not less than $115,000,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That funds
appropriated under this heading shall be made available for the Arctic
Exchange Program: Provided further, That any substantive modifications
from the prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2024.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $902,615,000, to remain
available until September 30, 2027, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,753,048.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $34,083,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,438,000,000, of
which $96,240,000 may remain available until September 30, 2024:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United
States and the respective international organization and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,481,915,000, of
which $740,958,000 may remain available until September 30, 2024:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to hold accountable individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
any payment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $57,935,000,
of which $8,690,000 may remain available until September 30, 2024.
construction
For detailed plan preparation and construction of authorized
projects, $53,030,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for the
United States Section, up to $5,000,000 may be transferred to, and
merged with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States Section,
which shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such transfer authority is in addition to any other
transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $16,204,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2024, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $65,719,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $875,000,000,
of which $43,750,000 may remain available until September 30, 2024:
Provided, That in addition to amounts otherwise available for such
purposes, up to $60,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $40,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That notwithstanding the previous proviso, funds may be
reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a
designated amount by more than 5 percent: Provided further, That funds
appropriated under this heading shall be made available in accordance
with the principles and standards set forth in section 303(a) and (b)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify the
Committees on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b) of such
Act or the entity's journalistic code of ethics: Provided further,
That in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet,
and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $5,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $22,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $55,000,000, to remain available until September 30, 2024,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2023, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2023, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2023, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $315,000,000, to remain available until
expended, of which $205,632,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$109,368,000 shall be for democracy programs: Provided, That the
requirements of section 7062(a) of this Act shall not apply to funds
made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $819,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2023: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2024, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,908,000, including not more than $6,000 for
representation expenses, to remain available until September 30, 2024.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2024.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2024:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2023 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,743,350,000, of which up to
$261,503,000 may remain available until September 30, 2024: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year: Provided further, That of the funds appropriated
under this heading, up to $20,000,000 may be transferred to, and merged
with, funds appropriated or otherwise made available in title II of
this Act under the heading ``Capital Investment Fund'', subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $259,100,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $80,500,000, of which up to
$12,075,000 may remain available until September 30, 2024, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $4,165,950,000, to remain available until September 30, 2024,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health:
Provided further, That funds appropriated under this paragraph may be
made available for United States contributions to The GAVI Alliance and
to a multilateral vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $6,395,000,000, to remain
available until September 30, 2027, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $2,000,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2023 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $4,368,613,000, to remain
available until September 30, 2024: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,905,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after the
date of enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $80,000,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new, or terminating a, program of assistance: Provided further, That
if the Secretary of State determines that it is important to the
national interest of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94), $60,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the Foreign
Assistance Act of 1961: Provided further, That funds appropriated
under this heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $4,301,301,000, to
remain available until September 30, 2024.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $222,450,000, to remain available
until September 30, 2024, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
made available by this Act for such purposes: Provided further, That
the Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph.
For an additional amount for such purposes, $133,250,000, to remain
available until September 30, 2024, which shall be made available for
the Bureau for Development, Democracy, and Innovation, United States
Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $500,334,000, to remain available until September
30, 2024, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $2,912,188,000, to remain
available until expended, of which $5,000,000 shall be made available
for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $430,500,000, of which $7,300,000 is
for the Office of Inspector General, to remain available until
September 30, 2024: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of this Act,
the Peace Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$930,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $130,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA (22
U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $47,000,000, to remain available
until September 30, 2024: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$45,000,000, to remain available until September 30, 2024, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $38,000,000, to remain available
until expended, of which not more than $9,500,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2026, for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees for, or credits extended to, such countries as the
President may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to multilateral
debt restructurings, including Paris Club debt restructurings and the
``Common Framework for Debt Treatments beyond the Debt Service
Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the costs of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the Foreign
Assistance Act of 1961, $20,000,000, to remain available until
September 30, 2026.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,004,000, to remain available until
September 30, 2024: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $921,000,000, to remain
available until September 30, 2024, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $460,759,000, of which
$330,000,000 may remain available until September 30, 2024: Provided,
That funds appropriated under this heading may be used, notwithstanding
section 660 of the Foreign Assistance Act of 1961, to provide
assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this heading,
not less than $25,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission in the
Sinai: Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, to remain
available until September 30, 2024: Provided, That the civilian
personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a
government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, $3,000,000 shall remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,053,049,000: Provided, That to expedite the provision
of assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That a country that is a member of the North Atlantic Treaty
Organization (NATO) or is a major non-NATO ally designated by section
517(b) of the Foreign Assistance Act of 1961 may utilize funds made
available under this heading for procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not
to exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That not more than $1,253,810,229 of funds realized pursuant
to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the Department
of Defense during fiscal year 2023 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $508,600,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after the date of enactment of this Act,
such funds shall be made available for core contributions for each
entity listed in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) unless otherwise provided for in this Act, or if
the Secretary of State has justified to the Committees on
Appropriations the proposed uses of funds other than for core
contributions following prior consultation with, and subject to the
regular notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $150,200,000, to remain available until
expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000, to
remain available until expended: Provided, That up to $125,000,000 of
such amount shall be available to cover costs, as defined in section
502 of the Congressional Budget Act of 1974, of direct loans issued to
the Clean Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal amount of
direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,430,256,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $43,610,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $43,000,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $10,000,000, to remain available until
expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the Poverty
Reduction and Growth Trust or the Resilience and Sustainability Trust
of the International Monetary Fund, $20,000,000, to remain available
until September 30, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $7,500,000, of which up to $1,125,000 may remain
available until September 30, 2024.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $125,000,000, of which up to $18,750,000 may remain available
until September 30, 2024: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2023: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $15,000,000, to remain available until
September 30, 2026: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such funds
shall remain available until September 30, 2038, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2023 through 2026.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $5,583,000, to remain available until September 30, 2024.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $1,000,000,000: Provided further, That of the amount
provided--
(1) $220,000,000 shall remain available until September 30,
2025, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act; and
(2) $780,000,000 shall remain available until September 30,
2025, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain available
for disbursement for the term of the underlying project:
Provided further, That amounts made available under this
paragraph may be paid to the ``United States International
Development Finance Corporation--Program Account'' for programs
authorized by subsections (b), (e), (f), and (g) of section
1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for support by the Corporation in upper-middle income
countries shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That in fiscal year 2023 collections
of amounts described in section 1434(h) of the BUILD Act of 2018 shall
be credited as offsetting collections to this appropriation: Provided
further, That such collections collected in fiscal year 2023 in excess
of $1,000,000,000 shall be credited to this account and shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That in fiscal year 2023, if
such collections are less than $1,000,000,000, receipts collected
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
1990, in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided further, That
funds appropriated or otherwise made available under this heading may
not be used to provide any type of assistance that is otherwise
prohibited by any other provision of law or to provide assistance to
any foreign country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in
a final fiscal year appropriation from the General Fund estimated at
$588,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2025: Provided, That amounts paid to this account
from CCA or transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the costs of
modifying loans and loan guarantees transferred to the Corporation
pursuant to section 1463 of such Act: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years: Provided
further, That funds made available in this Act and transferred to carry
out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of
the BUILD Act of 2018 may remain available for obligation for 1
additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $87,000,000, to remain available
until September 30, 2024, of which no more than $21,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2023 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2023,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 117-401.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a
security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated or
otherwise made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes, or to support a democratic transition:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation with
the heads of relevant Federal agencies, may waive the restriction in
this section on a program-by-program basis if the Secretary certifies
and reports to the Committees on Appropriations that such waiver is in
the national security interest of the United States: Provided, That
funds made available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal
year for the Department of State under title I of this
Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation
under the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may
be transferred to, and merged with, funds appropriated
under such headings if the Secretary of State
determines and reports to the Committees on
Appropriations that to do so is necessary to implement
the recommendations of the Benghazi Accountability
Review Board, for emergency evacuations, or to prevent
or respond to security situations and requirements,
following consultation with, and subject to the regular
notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any
transfer authority otherwise available in this Act and
under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Transfers.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) may only be transferred from funds made available under
title III of this Act: Provided, That any such transfers, and
any amounts transferred to the United States International
Development Finance Corporation (the Corporation) pursuant to
section 632 of the Foreign Assistance Act of 1961, shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the
Corporation, as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of
State and USAID: Provided further, That no funds transferred
pursuant to section 1434(j) of the BUILD Act of 2018 may be
used by the Corporation to post personnel abroad.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading ``Millennium
Challenge Corporation'' in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be transferred to accounts under the
heading ``United States International Development Finance
Corporation'' and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of
section 1421 of the BUILD Act of 2018: Provided, That such
funds shall be subject to the limitations provided in the
second, third, and fifth provisos under the heading ``United
States International Development Finance Corporation--Program
Account'' in this Act: Provided further, That any transfer
executed pursuant to the transfer authority provided in this
paragraph shall not exceed 10 percent of an individual Compact
awarded pursuant to section 609(a) of the Millennium Challenge
Act of 2003 (title VI of Public Law 108-199): Provided
further, That such funds shall not be available for
administrative expenses of the United States International
Development Finance Corporation: Provided further, That such
authority shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority provided by law: Provided further, That within 60
days of the termination in whole or in part of the Compact from
which funds were transferred under this authority to the United
States International Development Finance Corporation, any
unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the regular
notification procedures of the Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which
are not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment
of email accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public Law
113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the
Committees on Appropriations not later than October 31, 2023, detailing
by account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2023 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2024 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2024, such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI,
and under the headings ``Peace Corps'' and ``Millennium Challenge
Corporation'', of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2023, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'',
``Millennium Challenge Corporation'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``International
Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United
States International Development Finance Corporation'', and ``Trade and
Development Agency'' shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 117-401.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that are
made available for lateral entry into the Foreign Service shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa
initiatives;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the
Countering Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the
Partnership for Global Infrastructure and Investment.
(3) Democracy program policy and procedures.--Modifications
to democracy program policy and procedures, including relating
to the use of consortia, by the Department of State and USAID
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export Control
Act (22 U.S.C. 2776), and such documents submitted pursuant to
section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the source
of funds for any sale or transfer, as applicable, if known at
the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief Executive
Officer of the Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to informing a
government of, or publicly announcing a decision on, the suspension or
early termination of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress by any
Federal agency receiving funds made available by this Act shall
be posted on the public Web site of such agency not later than
45 days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would
compromise national security, including the conduct of
diplomacy;
(B) the report contains proprietary or other
privileged information; or
(C) the public posting of the report is
specifically exempted in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for the
Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and
shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 10 percent from the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only if the
Secretary of State or USAID Administrator, as applicable, determines
and reports in writing to the Committees on Appropriations on a case-
by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national security
interest of the United States, including a description of such events
or circumstances: Provided further, That deviations pursuant to the
preceding proviso shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), the matter preceding the first proviso in
subsection (b) of this section shall be applied by substituting
``5 percent'' for ``10 percent'', and the provisos in such
subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in House Report 117-401 and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless otherwise directed in such
explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act, unless such headings are
specifically designated as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was: (1) previously
justified, including the projected future year costs, in a
congressional budget justification; (2) included in an Act making
appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress; (3)
notified in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future year
costs; or (4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days in
advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)):
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers the United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act,
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution, using funds
appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance,
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2023, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
disability programs
Sec. 7028. (a) Assistance.--Funds appropriated by this Act under
the heading ``Development Assistance'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of individuals
with disabilities, including for the cost of translation: Provided,
That funds shall be made available to support disability rights
advocacy organizations in developing countries.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to adopt and implement a publicly available
policy, including the strategic use of peer reviews and external
experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected Indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement or other violations of human
rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements specified under this
section in House Report 117-401.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support independent investigative and adjudicative
mechanisms and procedures that meet or exceed best practices in the
United States to provide due process and fair compensation, including
the right to reinstatement, for employees who are subjected to
harassment, discrimination, retaliation, false allegations, or other
misconduct.
(i) Capital Increases.--None of the funds appropriated by this Act
may be made available to support a new capital increase for an
international financial institution unless the President submits a
budget request for such increase to Congress and determines and reports
to the Committees on Appropriations that--
(1) the institution has completed a thorough analysis of
the development challenges facing the relevant geographical
region, the role of the institution in addressing such
challenges and its role relative to other financing partners,
and the steps to be taken to enhance the efficiency and
effectiveness of the institution; and
(2) the governors of such institution have approved the
capital increase.
technology security
Sec. 7030. (a) Insecure Communications Networks.--Funds
appropriated by this Act shall be made available for programs,
including through the Digital Connectivity and Cybersecurity
Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying
open, interoperable, reliable, and secure networks to
information communication technology professionals in countries
receiving assistance under this Act, as appropriate:
Provided, That such funds, including funds appropriated under the
heading ``Economic Support Fund'', may be used to strengthen civilian
cybersecurity and information and communications technology capacity,
including participation of foreign law enforcement and military
personnel in non-military activities, notwithstanding any other
provision of law and following consultation with the Committees on
Appropriations.
(b) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Within 45 days of enactment of this Act, the Secretary
of State shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America International Technology Security and Innovation
Fund for fiscal year 2023 pursuant to the transfer authority in
section 102(c)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the accounts specified and in the
amounts specified, in the table titled ``CHIPS for America
International Technology Security and Innovation Fund'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such funds shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(c)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of a
fiscal year for the Department of State, Foreign Operations,
and Related Programs: Provided, That in any fiscal year, the
matter preceding this proviso shall not apply to the
allocation, apportionment, or allotment of amounts for
continuing administration of programs allocated using funds
transferred from the CHIPS for America International Technology
Security and Innovation Fund, which may be allocated pursuant
to the transfer authority in section 102(c)(1) of the CHIPS Act
of 2022 only in amounts that are no more than the allocation
for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of State shall
submit to the Committees on Appropriations proposed allocations
by account and by program, project, or activity, with detailed
justifications, for amounts made available under section
102(c)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(4) The Secretary of State shall provide the Committees on
Appropriations quarterly reports on the status of balances of
projects and activities funded by the CHIPS for America
International Technology Security and Innovation Fund for
amounts allocated pursuant to paragraph (1) of this subsection,
including all uncommitted, committed, and unobligated funds.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) are fully
met; and
(B) the government of the recipient country is
taking steps to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2024 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of enactment of this
Act, shall make or update any determination of ``significant
progress'' or ``no significant progress'' in meeting the
minimum requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the elements
included under this section in House Report 117-401.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human
rights, including the wrongful detention of locally
employed staff of a United States diplomatic mission or
a United States citizen or national, shall be
ineligible for entry into the United States.
(B) Concurrent with the application of subparagraph
(A), the Secretary shall, as appropriate, refer the
matter to the Office of Foreign Assets Control,
Department of the Treasury, to determine whether to
apply sanctions authorities in accordance with United
States law to block the transfer of property and
interests in property, and all financial transactions,
in the United States involving any person described in
such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information
without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter until
September 30, 2024, the Secretary of State shall submit a
report, including a classified annex if necessary, to the
appropriate congressional committees and the Committees on the
Judiciary describing the information related to corruption or
violation of human rights concerning each of the individuals
found ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and for
technical assistance to promote independent audit mechanisms
and support civil society participation in natural resource
management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct
the executive director of each international financial
institution to use the voice and vote of the United
States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to
any country for the extraction and export of a natural
resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit
the public disclosure of company payments as required
by United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered that: (1)
accurately account for and publicly disclose payments
to the government by companies involved in the
extraction and export of natural resources; (2) include
independent auditing of accounts receiving such
payments and the public disclosure of such audits; and
(3) require public disclosure of agreement and bidding
documents, as appropriate.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', $2,900,000,000 should be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $117,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law 98-
164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of the assistance, and the participants in such programs shall
not be subject to prior approval by the government of any
foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development,
determines that the government of the country is undemocratic
or has engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs, any new
bilateral agreement governing the terms and conditions under
which assistance is provided to such country shall not require
the disclosure of the names of implementing partners of
democracy programs, and the Secretary of State and the USAID
Administrator shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform to
this requirement.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs.
(g) Digital Security and Countering Disinformation.--Funds
appropriated by this Act shall be made available to advance digital
security and counter disinformation as described under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(h) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Development, Democracy, and
Innovation, USAID, shall regularly inform the NED of democracy programs
that are planned and supported with funds made available by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $30,000,000 shall be made
available to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked, including
journalists affiliated with the United States Agency for Global Media.
(j) International Freedom of Expression and Independent Media.--Of
the funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $20,000,000 shall be made available for programs
to protect international freedom of expression and independent media,
as described under this section in House Report 117-401.
(k) David E. Price Legislative Strengthening Program.--Funds
appropriated by this Act under the heading ``Democracy Fund'' shall be
made available for legislative strengthening programs: Provided, That
such funds shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such programs shall hereafter be collectively named the
``David E. Price Legislative Strengthening Program''.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant to
this section shall be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) shall
continue in effect during fiscal year 2023.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese,
and to combat trafficking in persons and assist victims of such
trafficking may be made available notwithstanding any other provision
of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available as a
general contribution to the World Food Programme, notwithstanding any
other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with philanthropic
foundations, up to $50,000,000 may remain available until
September 30, 2025: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Additional authority.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to
$500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d), including to facilitate collaboration
with Indigenous communities.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and made
available for the Development Innovation Ventures program may
be made available for the purposes of chapter I of part I of
the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and
subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States: Provided
further, That such consultation shall take place not later than
30 days prior to the publication in the Federal Register of any
regulatory action modifying the Exchange Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'' and ``Operating Expenses'', except for
funds designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, are
available to provide payments pursuant to section 901(i)(2) of
title IX of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided,
That funds made available pursuant to this paragraph shall be
subject to prior consultation with the Committees on
Appropriations.
(9) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the heading, by striking ``2022'' and
inserting ``2023'';
(B) in the matter preceding clause (i), in the
first sentence, by striking ``34,500'' and inserting
``38,500''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2023'' and inserting ``December 31, 2024''.
(10) Transatlantic engagement.--Funds appropriated by this
Act under the heading ``Diplomatic Programs'' are available for
support of an institute for transatlantic engagement if
legislation establishing such an institute is enacted into law
by September 30, 2023: Provided, That in the event that such
legislation is not enacted into law by such date, the amounts
described in this paragraph shall be available under the
heading ``Diplomatic Programs'' for the purposes therein.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations: Provided, That the
Secretary and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act, unless
the Secretary of State or USAID Administrator, as applicable, informs
the Committees on Appropriations on a case-by-case basis that a direct
vetting option is not feasible for such program.
(f) Contingencies.--During fiscal year 2023, the President may use
up to $145,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2023, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The terms and conditions of section
7034(k) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public Law 116-94)
shall continue in effect during fiscal year 2023.
(j) Personnel.--Funds appropriated under the heading ``Migration
and Refugee Assistance'' may be used to carry out section 5(a)(6) of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2605(a)(6))
for employing up to 50 individuals domestically without regard to the
geographic limitation in such section, following consultation with the
Committees on Appropriations.
(k) Impact on Jobs.--Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260) shall continue in effect during
fiscal year 2023.
(l) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2023.
(2) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2022'' and inserting ``2022, and 2023''; and
(ii) in subsection (e), by striking
``2022'' each place it appears and inserting
``2023''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2022'' and inserting ``2023''.
(3) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector General
for Afghanistan Reconstruction (SIGAR) who completes at least
12 months of continuous service after enactment of this Act or
who is employed on the date on which SIGAR terminates,
whichever occurs first, shall acquire competitive status for
appointment to any position in the competitive service for
which the employee possesses the required qualifications.
(4) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2023.
(5) Protective services.--Section 7071 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117-103) shall continue in
effect during fiscal year 2023.
(6) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by
striking ``September 30, 2023'' and inserting
``September 30, 2028''; and
(B) in the second proviso, by striking ``September
30, 2023'' and inserting ``September 30, 2028''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular
and systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State and USAID
Administrator shall submit to the Committees on Appropriations,
and post on their respective websites, updated procedures for
implementing partners that receive funds under such headings
for regularly and systematically collecting and responding to
such feedback, including guidelines for the reporting on
actions taken in response to the feedback received: Provided
further, That the Secretary of State and USAID Administrator
shall regularly--
(A) conduct oversight to ensure that such feedback
is regularly collected and used by implementing
partners to maximize the cost-effectiveness and utility
of such assistance; and
(B) consult with the Committees on Appropriations
on the results of such oversight.
(2) Ex-post evaluations.--Of the funds appropriated by this
Act under titles III and IV, not less than $10,000,000 shall be
made available for ex-post evaluations of the effectiveness and
sustainability of United States Government-funded assistance
programs.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with
respect to funds deposited for such non-HIV/AIDS pharmaceuticals and
other products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Small Island Developing
States, Tunisia, and Ukraine, which are authorized to be
provided: Provided, That amounts made available under this
paragraph for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(3) Administration.--Not less than 30 days prior to
exercising the authority of this subsection, but not later than
90 days after the date of enactment of this Act, the President
shall designate, and concurrently report such designation to
the appropriate congressional committees, the Federal agency or
agencies responsible for managing the legacy loan guarantee
portfolio, maintaining the current and future financial
exposure of loan guarantees, and executing future loan
guarantees.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $100,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), which may remain
available until September 30, 2027.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2023.
(r) Section 889.--For the purposes of obligations and expenditures
made with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, the waiver authority in section 889(d)(2) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) may also be available to the Secretary of State,
following consultation with the Director of National Intelligence:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report detailing the use of the authority of
this subsection since the date of enactment of this Act, which shall
include the scope and duration of any waiver granted, the entity
covered by such waiver, and a detailed description of the national
security interest served: Provided further, That such report shall be
updated every 60 days until September 30, 2024.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation,
the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank,
the African Development Fund, and the Multilateral Investment
Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a
particular operating unit or office in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include any
successor operating unit performing the same or similar
functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment in an amount above the
prior fiscal year.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act
with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of
this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has
in place, to the maximum extent practicable,
functioning combat casualty care treatment and
equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such
training and equipment for combat casualty care shall
be made available through an open and competitive
process.
(3) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or is
complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' shall be made available for
assistance to eliminate inhumane conditions in foreign prisons
and other detention facilities, notwithstanding section 660 of
the Foreign Assistance Act of 1961: Provided, That the
Secretary of State and the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses of
such funds prior to obligation and not later than 60 days after
the date of enactment of this Act: Provided further, That such
funds shall be in addition to funds otherwise made available by
this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2023.
(3) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2025:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Oversight and accountability.--(A) Prior to the signing
of a new Letter of Offer and Acceptance (LOA) involving funds
appropriated under the heading ``Foreign Military Financing
Program'', the Secretary of State shall consult with each
recipient government to ensure that the LOA between the United
States and such recipient government complies with the purposes
of section 4 of the Arms Export Control Act (22 U.S.C. 2754)
and that the defense articles, services, and training procured
with funds appropriated under such heading are consistent with
United States national security policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in which
the Secretary of State has credible information that such
assistance was used in a manner contrary to such agreement.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Authority.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the
clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Report.--Not later than 120 days after the date
of enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall
submit a report to the appropriate congressional
committees on implementation of the United States
policy regarding anti-personnel landmines (APLs)
announced on June 21, 2022, to include progress on the
destruction of APLs, and the number and types of APLs
required by such policy for the defense of the Republic
of Korea and the methodology used to determine such
number: Provided, That the report shall include the
types (by Department of Defense Ammunition Code) and
quantities of landmines demilitarized and removed from
the demilitarization account of the United States Armed
Forces, and demilitarization accomplished by contract
or outside the continental United States.
(C) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force uses
excessive force to repress peaceful expression or assembly
concerning corruption, harm to the environment or human health,
or the fairness of electoral processes, or in countries that
are undemocratic or undergoing democratic transition, the
Secretary shall promptly determine if such information is
credible: Provided, That if the information is determined to
be credible, funds appropriated by this Act should not be used
for tear gas, small arms, light weapons, ammunition, or other
items for crowd control purposes for such unit, unless the
Secretary of State determines that the foreign government is
taking effective measures to bring the responsible members of
such unit to justice.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report on
funds obligated and expended during fiscal year 2022, by
country and purpose of assistance, under the headings
``Peacekeeping Operations'', ``International Military Education
and Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be
clearly identified in the report submitted pursuant to section
656 of such Act.
assistance for innocent victims of conflict
Sec. 7036. Of the funds appropriated under title III of this Act,
not less than $10,000,000 shall be made available for the Marla Ruzicka
Fund for Innocent Victims of Conflict: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations not
later than 60 days after the date of enactment of this Act on the
proposed uses of such funds.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2023, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such
benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel, inhuman, and
degrading treatment of detainees, including by bringing
to justice members of Palestinian security forces who
commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2023 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $125,000,000 shall be made available for assistance for
Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to those
required for United States institutional accreditation by a
regional accrediting agency recognized by such Department:
Provided, That such funds shall be made available for democracy
programs, and for development programs in the Sinai.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', $1,300,000,000, to remain available until
September 30, 2024, should be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations, and
the uses of any interest earned on such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
$225,000,000 of such funds shall be withheld from
obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Egypt is taking sustained and effective
steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt,
including to protect religious minorities and
the rights of women, which are in addition to
steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect
freedoms of expression, association, and
peaceful assembly, including the ability of
civil society organizations, human rights
defenders, and the media to function without
interference;
(iii) hold Egyptian security forces
accountable, including officers credibly
alleged to have violated human rights;
(iv) investigate and prosecute cases of
extrajudicial killings and forced
disappearances;
(v) provide regular access for United
States officials to monitor such assistance in
areas where the assistance is used; and
(vi) comply with the requirement under this
section in the explanatory statement described
in section 4 (in the matter preceding division
A of this consolidated Act).
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that such funds are necessary for
counterterrorism, border security, or nonproliferation
programs or that it is otherwise important to the
national security interest of the United States to do
so, and submits a report to such Committees containing
a detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met: Provided, That the report required
by this paragraph shall be submitted in unclassified
form, but may be accompanied by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $95,000,000 of the funds made
available pursuant to this paragraph shall be withheld
from obligation until the Secretary of State determines
and reports to the Committees on Appropriations that
the Government of Egypt is making clear and consistent
progress in releasing political prisoners, providing
detainees with due process of law, and preventing the
intimidation and harassment of American citizens.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 117-
401.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq;
(B) stabilization assistance, including in Anbar
Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect
the right of due process, end the use of torture, and
combat corruption;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq;
(E) programs to protect and assist religious and
ethnic minority populations; and
(F) programs to increase United States private
sector investment.
(2) Basing rights.--None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
(d) Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel which
shall be disbursed within 30 days of enactment of this Act: Provided,
That to the extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel under this
heading shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $775,300,000 shall
be available for the procurement in Israel of defense articles and
defense services, including research and development.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which not less than $845,100,000 shall be
made available for budget support for the Government of Jordan and not
less than $425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are made available for assistance for
Lebanon may be made available for programs and
equipment for the Lebanese Internal Security Forces
(ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected
by conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Lebanon may only be
made available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen border security and combat
terrorism, including training and equipping the
LAF to secure the borders of Lebanon and
address security and stability requirements in
areas affected by conflict in Syria,
interdicting arms shipments, and preventing the
use of Lebanon as a safe haven for terrorist
groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance for the
LAF, the Secretary of State shall submit to the
Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the
LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of this Act
shall be made available for stabilization assistance for Libya,
including support for a United Nations-facilitated political process
and border security: Provided, That the limitation on the uses of
funds for certain infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76) shall apply
to such funds.
(h) Morocco.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Morocco.
(i) Saudi Arabia.--
(1) Prohibition.--None of the funds appropriated by this
Act under the heading ``International Military Education and
Training'' may be made available for assistance for the
Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in
connection with the export of nuclear technology, equipment,
fuel, materials, or other nuclear technology-related goods or
services to Saudi Arabia unless the Government of Saudi
Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding
any other provision of law, for non-lethal stabilization
assistance for Syria, including for emergency medical and
rescue response and chemical weapons investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities that
further the strategic objectives of the Government of
the Russian Federation that the Secretary of State
determines may threaten or undermine United States
national security interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) Tunisia.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Tunisia
for programs to improve economic growth and opportunity,
support democratic governance and civil society, protect due
process of law, and maintain regional stability and security,
following consultation with the Committees on Appropriations.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations on the extent to
which--
(A) the Government of Tunisia is implementing
economic reforms, countering corruption, and taking
credible steps to restore constitutional order and
democratic governance, including respecting freedoms of
expression, association, and the press, and the rights
of members of political parties, that are in addition
to steps taken in the preceding fiscal year;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security
forces who commit human rights abuses accountable; and
(C) the Tunisian military has remained an
apolitical and professional institution.
(l) West Bank and Gaza.--
(1) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs in the West Bank and Gaza, which may include water,
sanitation, and other infrastructure improvements.
(2) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
this clause may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza shall
be made available consistent with section 1004(a) of the Taylor
Force Act (title X of division S of Public Law 115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
Eastern Democratic Republic of the Congo and the Central African
Republic, including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated by this
Act shall be made available for assistance for the Democratic Republic
of the Congo (DRC) for stabilization, democracy, global health, and
bilateral economic assistance, including in areas affected by, and at
risk from, the Ebola virus disease: Provided, That such funds shall
also be made available to support security, stabilization, development,
and democracy in Eastern DRC: Provided further, That funds
appropriated by this Act under the headings ``Peacekeeping Operations''
and ``International Military Education and Training'' that are made
available for such purposes may be made available notwithstanding any
other provision of law, except section 620M of the Foreign Assistance
Act of 1961.
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(1) implementation of the cessation of hostilities
agreement in Tigray;
(2) political dialogues and confidence building measures to
end other conflicts in the country;
(3) civil society and protect human rights;
(4) efforts to provide unimpeded access to humanitarian
assistance;
(5) investigations and prosecutions of gross violations of
human rights; and
(6) restoration of basic services in areas impacted by
conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for higher education programs
in Malawi shall be made available for higher education and workforce
development programs in agriculture as described under this section in
House Report 117-401.
(g) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central
Government of South Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in South Sudan:
Provided, That funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for any new program, project,
or activity in South Sudan shall be subject to prior consultation with
the appropriate congressional committees.
(h) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title
III that are made available for assistance for Sudan may be
made available to support a civilian-led transition in Sudan.
(2) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation
of outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable peace
agreement in Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program, project, or activity in Sudan shall be subject
to prior consultation with the appropriate congressional
committees.
(i) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act,
not less than $136,127,000 shall be made available for
assistance for Burma, which--
(A) may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees;
(B) may be made available for support for the
administrative operations and programs of entities that
support peaceful efforts to establish an inclusive and
representative democracy in Burma and a federal union
to foster equality among Burma's diverse ethnic groups,
following consultation with the Committees on
Appropriations;
(C) shall be made available for programs to promote
ethnic and religious tolerance, unity, and
accountability and to combat gender-based violence,
including in Kachin, Chin, Mon, Karen, Karenni,
Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in eastern
Burma, in addition to assistance for Burmese refugees
from funds appropriated by this Act under the heading
``Migration and Refugee Assistance''; and
(E) shall be made available for programs and
activities to investigate and document violations of
human rights in Burma committed by the military junta.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma.
(3) Limitations.--None of the funds appropriated by this
Act that are made available for assistance for Burma may be
made available to the State Administration Council or any
organization or entity controlled by, or an affiliate of, the
armed forces of Burma, or to any individual or organization
that has committed a gross violation of human rights or
advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and USAID
or the President of the National Endowment for Democracy (NED)
for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2023 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made available
for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State certifies and reports to
the Committees on Appropriations that such Government
is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against
interference by the People's Republic of China,
including by verifiably maintaining the
neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use
facilities such as the runway at the Dara Sakor
development project;
(iii) cease violence, threats, and
harassment against civil society and the
political opposition in Cambodia, and dismiss
any politically motivated criminal charges
against critics of the government; and
(iv) respect the rights, freedoms, and
responsibilities enshrined in the Constitution
of the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence activities of the People's Republic of China
in Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act
of 2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be made
available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018
(Public Law 115-409).
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and ``Foreign
Military Financing Program'', not less than $325,000,000 shall
be made available for a Countering PRC Influence Fund to
counter the influence of the Government of the People's
Republic of China and the Chinese Communist Party and entities
acting on their behalf globally, which shall be subject to
prior consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes: Provided further, That up to
10 percent of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence: Provided
further, That the uses of such funds shall be the joint
responsibility of the Secretary of State and the USAID
Administrator, and shall be allocated as specified under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided further, That funds made available pursuant to this
paragraph under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2024:
Provided further, That funds appropriated by this Act for such
Fund under the headings ``International Narcotics Control and
Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Foreign Military Financing
Program'' may be transferred to, and merged with, funds
appropriated under such headings: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is subject
to the regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by
the People's Republic of China unless the Secretary of
State, in consultation with the USAID Administrator and
the heads of other Federal agencies, as appropriate,
determines that such use does not adversely impact the
national security of the United States.
(4) Maps.--None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups administered
by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under titles III
and IV, not less than $93,000,000 shall be made available for
assistance for Laos, including for assistance for persons with
disabilities caused by unexploded ordnance accidents, and of which not
less than $1,500,000 should be made available for programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities in areas sprayed with Agent Orange: Provided, That funds
made available pursuant to this subsection may be used, in consultation
with the Government of Laos, for assessments of the existence of dioxin
contamination resulting from the use of Agent Orange in Laos and the
feasibility and cost of remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall
be made available for the promotion of human rights in North
Korea: Provided, That the authority of section 7032(b)(1) of
this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated under title I in this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for establishing and operating diplomatic facilities
in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to
section 7015(a)(3) of this Act and following consultation with
the Committees on Appropriations.
(2) Assistance.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement", "Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing Program'',
not less than $150,000,000 shall be made available for
assistance for Pacific Islands countries, as specified under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act), following consultation with the Committees on
Appropriations: Provided, That funds made available pursuant
to this paragraph shall be made available for joint development
and security programs between the United States and such
countries in coordination with regional allies and partners,
including Taiwan.
(g) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated
by this Act under the first paragraph under the heading
``Democracy Fund'', not less than $5,000,000 shall be
made available for democracy and Internet freedom
programs for Hong Kong, including legal and other
support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made
available for assistance for Hong Kong should be
obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist
Party or any entity acting on their behalf in Hong
Kong.
(C) Report.--The report required under section
7043(f)(3)(C) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260) shall be
updated and submitted to the Congress in the manner
described.
(h) Philippines.--None of the funds appropriated by this Act may be
made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $4,000,000 shall be made
available for the Global Cooperation and Training Framework,
which shall be administered by the American Institute in
Taiwan.
(2) Foreign military financing.--Funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Foreign Military Financing Program'', except for
amounts designated as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, may be made available
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans and loan guarantees for
Taiwan, if otherwise authorized: Provided, That such costs may
include the costs of selling, reducing, or cancelling any
amounts owed to the United States or any agency of the United
States: Provided further, That the gross principal balance of
such direct loans shall not exceed $2,000,000,000, and the
gross principal balance of guaranteed loans shall not exceed
$2,000,000,000: Provided further, That the Secretary of State
may use amounts charged to the borrower as origination fees to
pay for the cost of such loans.
(3) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available to establish a Taiwan
Fellowship Program.
(4) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the uses of funds made
available pursuant to this subsection: Provided, That such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
(j) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000
shall be made available to nongovernmental
organizations with experience working with Tibetan
communities to support activities which preserve
cultural traditions and promote sustainable
development, education, and environmental conservation
in Tibetan communities in the Tibet Autonomous Region
and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available for programs to
promote and preserve Tibetan culture and language in
the refugee and diaspora Tibetan communities,
development, and the resilience of Tibetan communities
and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan
Administration: Provided, That such funds shall be
administered by the United States Agency for
International Development.
(k) Vietnam.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $197,000,000 shall be made available
for assistance for Vietnam, of which not less than--
(A) $30,000,000 shall be made available for health
and disability programs to assist persons with severe
physical mobility, cognitive, or developmental
disabilities: Provided, That such funds shall be
prioritized to assist persons whose disabilities may be
related to the use of Agent Orange and exposure to
dioxin, or are the result of unexploded ordnance
accidents;
(B) $20,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including
the military, for such purposes;
(C) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting
Initiative; and
(D) $15,000,000 shall be made available for higher
education programs.
(2) Section 7043(i)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103) is amended by striking
``that'' and inserting ``: Provided, That such funds shall be
prioritized to assist persons whose disabilities''.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs and made
available for assistance for Afghanistan may be made available
for direct assistance to the Taliban.
(2) Afghan special immigrant visas.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration for Foreign Affairs'' and fees available for
obligation during fiscal year 2023 in the Consular and Border
Security Programs account shall be made available for
additional Department of State personnel necessary to eliminate
processing backlogs and expedite adjudication of Afghan Special
Immigrant Visa cases, including for the National Visa Center
and the Afghan Special Immigrant Visa Unit.
(3) Afghan students.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available to support the higher education of students from
Afghanistan studying outside of the country, including the
costs of reimbursement to institutions hosting such students,
as appropriate: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations prior to the initial obligation of funds for
such purposes.
(4) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the USAID
Administrator shall submit a report to the appropriate
congressional committees detailing plans, consistent with the
restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan
women and girls;
(B) support higher education programs, including
continued support for the American University of
Afghanistan's (AUAF) online programs and support for
other higher education institutions in South Asia and
the Middle East that are hosting AUAF and other Afghan
students;
(C) support Afghan civil society activists,
journalists, and independent media, including in third
countries; and
(D) support health, education, including community-
based education, and other programs to address the
basic needs of the people of Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act that are made available for assistance for Bangladesh--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association, and
the right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs.
(c) Nepal.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available for
assistance for Nepal shall only be made available for humanitarian and
disaster relief and reconstruction activities, and in support of
international peacekeeping operations, military professionalization and
training, and border security activities: Provided, That such funds
may only be made available for additional uses if the Secretary of
State certifies and reports to the Committees on Appropriations that
the Government of Nepal is investigating and prosecuting violations of
human rights and the laws of war by the Nepal Army, and the Nepal Army
is cooperating fully with civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Pakistan may be made
available only to support counterterrorism and
counterinsurgency capabilities in Pakistan.
(B) Bilateral economic assistance.--Prior to the
obligation of funds made available by this Act under
the heading ``Economic Support Fund'' for assistance
for the central Government of Pakistan, the Secretary
of State shall submit a report to the appropriate
congressional committees detailing--
(i) the amount of financing and other
support, if any, provided by the Government of
Pakistan to schools supported by, affiliated
with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such
government in issuing visas in a timely manner
for United States visitors, including officials
and representatives of nongovernmental
organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government
is providing humanitarian organizations access
to detainees, internally displaced persons, and
other Pakistani civilians affected by conflict
in Pakistan and the region; and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including
protecting freedom of expression, assembly, and
religion.
(2) Authority and uses of funds.--(A) Funds appropriated by
this Act for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for section
620M of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall
be made available for border security programs in Pakistan,
following consultation with the Committees on Appropriations.
(C) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy and for gender
programs in Pakistan.
(3) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that such Government is
taking effective and consistent steps to--
(A) protect the rights and freedoms of the people
of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human
rights and the laws of war and holding perpetrators of
such violations accountable;
(B) address the basic needs of the people of Sri
Lanka and responsibly mitigate the impact of the
country's economic collapse, including by increasing
transparency and accountability in governance;
(C) combat corruption, including bringing to
justice public officials who have engaged in
significant acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
(E) promote reconciliation between ethnic and
religious groups, particularly arising from past
conflict in Sri Lanka, including by--
(i) addressing land confiscation and
ownership issues;
(ii) resolving cases of missing persons,
including by maintaining a functioning and
credible office of missing persons;
(iii) reducing the presence of the armed
forces in former conflict zones and
restructuring the armed forces for a peacetime
role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest
and detention by security forces to comply with
international standards; and
(v) investigating allegations of arbitrary
arrest and torture, and supporting a credible
justice mechanism for resolving cases of war
crimes:
Provided, That the limitations of this paragraph
shall not apply to funds made available for
humanitarian assistance and disaster relief; to protect
human rights, locate and identify missing persons, and
assist victims of torture and trauma; to promote
justice, accountability, and reconciliation; to enhance
maritime security and domain awareness; to promote
fiscal transparency and sovereignty; and for
International Military Education and Training.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the Sri Lankan armed
forces, except for humanitarian assistance, disaster relief,
instruction in human rights and related curricula development,
maritime security and domain awareness, including
professionalization and training for the navy and coast guard,
and funds appropriated by this Act under the heading
``International Military Education and Training''.
(4) Consultation.--Funds made available for assistance for
Sri Lanka other than for the purposes specified in paragraph
(1) shall be subject to prior consultation with the Committees
on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be
made available for assistance for countries in South and Central Asia
to significantly increase the recruitment, training, and retention of
women in the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent and
address gender-based violence, human trafficking, and other practices
that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the Central America
Regional Security Initiative: Provided, That such assistance
shall be prioritized for programs that address the violence,
poverty, corruption, and other factors that contribute to
irregular migration, particularly of unaccompanied minors, to
the United States, including for programs to reduce violence
against women and girls, protect the rights of Indigenous
people, support civil society and other independent
institutions, enhance economic opportunity, combat corruption
and impunity, and dismantle illegal armed groups and drug
trafficking organizations.
(A) Of the funds made available pursuant to
paragraph (1)--
(i) $61,500,000 should be made available to
support entities and activities to combat
corruption and impunity in such countries,
including, as appropriate, offices of Attorneys
General; and
(ii) $70,000,000 should be made available
for programs to reduce violence against women
and girls, including for Indigenous women and
girls.
(B) Within the funds made available pursuant to
paragraph (1) and made available for assistance for El
Salvador, Guatemala, and Honduras, up to $100,000,000
should be made available for programs that support
locally-led development in such countries: Provided,
That up to 15 percent of the funds made available to
carry out this subparagraph may be used by the
Administrator of the United States Agency for
International Development for administrative and
oversight expenses related to the purposes of this
subparagraph: Provided further, That the USAID
Administrator shall consult with the Committees on
Appropriations on the planned uses of funds to carry
out this subparagraph prior to the initial obligation
of funds: Provided further, That such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Funds made available pursuant to paragraph (1)
shall be made available for the youth empowerment
program established pursuant to section 7045(a)(1)(C)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2022 (division K
of Public Law 117-103).
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to
paragraph (1) under the heading ``Economic Support
Fund'' and under title IV of this Act, 60 percent of
such funds that are made available for assistance for
each of the central governments of El Salvador and
Guatemala, and 45 percent of such funds that are made
available for assistance for the central government of
Honduras, may only be obligated after the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and impunity,
including investigating and prosecuting
government officials, military personnel, and
police officers credibly alleged to be corrupt;
(ii) implementing reforms, policies, and
programs to strengthen the rule of law,
including increasing the transparency of public
institutions, strengthening the independence of
judicial and electoral institutions, and
improving the transparency of political
campaign and political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil
society groups, opposition political parties,
and the independence of the media;
(iv) providing effective and accountable
law enforcement and security for its citizens,
curtailing the role of the military in public
security, and upholding due process of law;
(v) implementing programs to reduce
violence against women and girls;
(vi) implementing policies to reduce
poverty and promote economic growth and
opportunity, including the implementation of
reforms to strengthen educational systems,
vocational training programs, and programs for
at-risk youth;
(vii) improving border security and
combating human smuggling and trafficking and
countering the activities of criminal gangs,
drug traffickers, and transnational criminal
organizations;
(viii) informing its citizens of the
dangers of the journey to the southwest border
of the United States; and
(ix) implementing policies that improve the
environment for foreign investment, including
executing tax reform in a transparent manner,
ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United
States businesses, and resolving disputes
involving the confiscation of real property of
United States entities.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the central governments, such assistance
shall be reprogrammed for assistance for civil society
organizations in such country, or for other countries
in Latin America and the Caribbean, notwithstanding the
funding provisions in this subsection and the
limitations in section 7019 of this Act: Provided,
That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) judicial entities and activities
related to combating corruption and impunity;
(ii) programs to combat gender-based
violence;
(iii) programs to promote and protect human
rights, including those of Indigenous
communities and Afro-descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None of
the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, $487,375,000 should be made available
for assistance for Colombia: Provided, That such funds shall
be made available for the programs and activities described
under this section in House Report 117-401: Provided further,
That of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' and
made available for assistance pursuant to this paragraph, not
less than $40,000,000 shall be made available to enhance rural
security in coca producing municipalities and other
municipalities with high levels of illicit activities:
Provided further, That funds made available pursuant to the
preceding proviso shall be prioritized in such municipalities
that are also targeted for assistance programs that provide
viable economic alternatives and improve access to public
services.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' that are made available
for assistance for Colombia, 20 percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that--
(i) the Government of Colombia is
implementing an effective whole-of-government
strategy to substantially and sustainably
reduce coca cultivation and cocaine production
levels in Colombia, including programs and
activities that support illicit crop
eradication, alternative development, drug
interdiction, dismantling of drug trafficking
and money laundering networks, rural security,
environmental protection, judicial sector
strengthening, and public health services; and
(ii) such strategy is in accordance with
the 2016 peace accord between the Government of
Colombia and the Revolutionary Armed Forces of
Colombia.
(B) Human rights.--
(i) Of the funds appropriated by this Act
under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only if
the Secretary of State certifies and reports to
the Committees on Appropriations that--
(I) the Special Jurisdiction for
Peace and other judicial authorities,
as appropriate, are sentencing
perpetrators of gross violations of
human rights, including those with
command responsibility, to deprivation
of liberty;
(II) the Government of Colombia is
making consistent progress in reducing
threats and attacks against human
rights defenders and other civil
society activists, and judicial
authorities are prosecuting and
punishing those responsible for
ordering and carrying out such attacks;
(III) the Government of Colombia is
making consistent progress in
protecting Afro-Colombian and
Indigenous communities and is
respecting their rights and
territories;
(IV) senior military officers
credibly alleged, or whose units are
credibly alleged, to be responsible for
ordering, committing, and covering up
cases of false positives and other
extrajudicial killings, or of
committing other gross violations of
human rights, or of conducting illegal
communications intercepts or other
illicit surveillance, are being held
accountable, including removal from
active duty if found guilty through
criminal, administrative, or
disciplinary proceedings; and
(V) the Colombian Armed Forces are
cooperating fully with the requirements
described in subclauses (I) through
(IV).
(ii) Of the funds appropriated by this Act
under the heading ``International Narcotics
Control and Law Enforcement'' and made
available for assistance for the Colombian
National Police (CNP), five percent may be
obligated only if the Secretary of State
certifies and reports to the Committees on
Appropriations that the Government of Colombia
is bringing to justice the police personnel who
ordered, directed, and used excessive force and
engaged in other illegal acts against
protesters in 2020 and 2021, and that the CNP
is cooperating fully with such efforts.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available for
payment of reparations to conflict victims or compensation to
demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(c) Haiti.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Haiti to support the basic needs of the Haitian people.
(2) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made
available for the central Government of Haiti if the Secretary
of State certifies and reports to the appropriate congressional
committees that a democratically elected government has taken
office, or the country is being led by a transitional governing
authority that is broadly representative of Haitian society,
and it is in the national interest of the United States to
provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (1), funds may
be made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of justice
programs, including to reduce pre-trial detention and
eliminate inhumane prison conditions;
(C) public health, food security, subsistence
farmers, water and sanitation, education, and other
programs to meet basic human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
assistance for Haiti shall be subject to prior consultation
with the Committees on Appropriations: Provided, That the
requirement of this paragraph shall also apply to any funds
from such Acts that are made available for support for an
international security force in Haiti.
(5) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for assistance
for the armed forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(d) Nicaragua.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $15,000,000 shall be
made available for democracy programs for Nicaragua, including to
support civil society.
(e) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $82,000,000 shall be made available
for the Caribbean Basin Security Initiative.
(f) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made available
for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under title III shall be made available
for assistance for communities in countries supporting or
otherwise impacted by refugees from Venezuela, including
Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago:
Provided, That such amounts are in addition to funds otherwise
made available for assistance for such countries, subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the FREEDOM Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are named in the
July 17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the
use of funds made available by this Act for border security purposes,
for North Atlantic Treaty Organization or coalition operations, or to
enhance the protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of the Russian
Federation or Russian-backed forces, if such activity
includes the participation of Russian Government
officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, grant, or
guarantee) for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has reestablished
sovereignty over Crimea and other territory in Ukraine under
the control of the Russian Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, grant, or
guarantee) for any program that violates the sovereignty and
territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $300,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C.
9543) and notwithstanding the country limitation in subsection
(b) of such section, and programs to enhance the capacity of
law enforcement and security forces in countries in Europe,
Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North
Atlantic Treaty Organization, as appropriate: Provided, That
funds made available pursuant to this paragraph under the
heading ``Foreign Military Financing Program'' may remain
available until September 30, 2024.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the
European Union, and to reduce their vulnerability to external
economic and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later than 120
days after the date of enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations whether each
organization, department, or agency receiving a contribution from funds
appropriated by this Act under the headings ``Contributions to
International Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department's website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the
protection of whistleblowers from retaliation, including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency, body,
or commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as
a contribution to any organization, agency, commission, or
program within the United Nations system if such organization,
agency, commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 1754(c) of the Export Reform Control Act of 2018
(50 U.S.C. 4813(c)), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2023, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it has
taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds available
for obligation or expenditure in fiscal year 2023 for contributions to
any organization, department, agency, or program within the United
Nations system or any international program that are withheld from
obligation or expenditure due to any provision of law: Provided, That
the Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State shall, to the maximum extent practicable, withhold
assistance to any unit of the security forces of a foreign country if
the Secretary has credible information that such unit has engaged in
sexual exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary determines that the
government of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of assistance
pursuant to this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than 10 days
after a determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent practicable,
assist such government in bringing the responsible members of such unit
to justice: Provided further, That not later than 60 days after the
date of enactment of this Act, the Secretary shall submit a report to
the Committees on Appropriations detailing the policies, mechanisms,
and procedures established to implement this subsection, following
consultation with the Committees on Appropriations.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2024: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2023 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$90,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
that are made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the Department
of State International Cyberspace Policy Strategy
required by section 402 of the Cybersecurity Act of
2015 (division N of Public Law 114-113), and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the
United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the United States Agency for Global
Media Chief Executive Officer (USAGM CEO) and the
President of the Open Technology Fund (OTF), shall
coordinate any such research and development programs
with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, that such funds are
allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs;
and
(iii) sufficient resources and support for
the development and maintenance of anti-
censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM
digital content, facilitate audience access to such
content on websites that are censored, coordinate the
distribution of USAGM digital content to targeted
regional audiences, and to promote and distribute such
tools and techniques, including digital security
techniques;
(B) coordinated by the USAGM CEO, in consultation
with the OTF President, with programs funded by this
Act under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the USAGM CEO, in consultation
with the OTF President, to solicit project proposals
through an open, transparent, and competitive process,
seek input from technical and subject matter experts to
select proposals, and support Internet circumvention
tools and techniques for audiences in countries that
are strategic priorities for the OTF and in a manner
consistent with the United States Government Internet
freedom strategy; and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State, the OTF President, and other
relevant United States Government departments and
agencies, evaluates the risks and benefits of such new
tools or techniques, and establishes safeguards to
minimize the use of such new tools or techniques for
illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after the date of enactment of this Act, the
Secretary of State and the USAGM CEO, in consultation with the OTF
President, shall submit to the Committees on Appropriations spend plans
for funds made available by this Act for programs to promote Internet
freedom globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs are not
used for illicit purposes: Provided, That the Department of State
spend plan shall include funding for all such programs for all relevant
Department of State and United States Agency for International
Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support open-source technologies that undergo comprehensive security
audits consistent with the requirements of the Bureau of Democracy,
Human Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to individuals and
organizations benefiting from programs supported by such funds:
Provided, That the security auditing procedures used by such Bureau
shall be reviewed and updated periodically to reflect current industry
security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund
of the Department and shall be available for expenses related
to the purchase, lease, maintenance, chartering, or operation
of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That subsection (f)(2)(B) of such section shall
be applied by substituting ``September 30, 2022'' for ``September 30,
2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International Narcotics
Control and Law Enforcement'', ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2023, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases: Provided, That not later than 60 days
after the date of enactment of this Act, the USAID
Administrator and the Secretary of State, as appropriate, shall
consult with the Committees on Appropriations on the planned
uses of such funds.
(2) Financial intermediary fund.--Funds appropriated by
this Act under the heading ``Global Health Programs'' may be
made available for contributions to a financial intermediary
fund for pandemic preparedness and global heath security.
(3) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(4) Emergency reserve fund.--Up to $90,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section.
(5) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the economic participation and opportunities
for political leadership, and protecting the rights of women
and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on the implementation of such Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000
may be made available for the Gender Equity and Equality Action
Fund.
(b) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $50,000,000
shall be made available for programs specifically designed to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels:
Provided, That such programs shall hereafter be collectively named the
``Madeleine K. Albright Women's Leadership Program''.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $250,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', $150,000,000
should be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and
girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $970,000,000 shall be made
available for the Nita M. Lowey Basic Education Fund,
and such funds may be made available notwithstanding
any other provision of law that restricts assistance to
foreign countries: Provided, That such funds shall
also be used for secondary education activities:
Provided further, That of the funds made available by
this paragraph, $150,000,000 should be available for
the education of girls in areas of conflict: Provided
further, That section 7(a) of Public Law 115-56 shall
be implemented by substituting ``the thirtieth day of
June following'' for ``180 days after''.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $160,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $285,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of higher
education institutions and systems in developing countries:
Provided further, That of such amount and in addition to the
previous proviso, not less than $35,000,000 shall be made
available for higher education programs pursuant to section
7060(a)(3) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021 (division K of Public
Law 116-260): Provided further, That not later than 45 days
after the date of enactment of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
partnerships.
(3) Scholar rescue programs.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia
and Central Asia'', not less than $7,000,000 shall be made
available for scholar rescue programs, including for scholars
from Afghanistan, Burma, Ethiopia, the Russian Federation,
Ukraine, and Yemen: Provided, That the Secretary of State and
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on such programs not later than 90 days after
the date of enactment of this Act.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $18,500,000
shall be made available for USAID cooperative development programs and
not less than $31,500,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,010,600,000 shall be made available for food
security and agricultural development programs to carry out the
purposes of the Global Food Security Act of 2016 (Public Law
114-195): Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(2) The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and the heads of other relevant Federal agencies,
shall seek to enter into negotiations with key foreign
governments and multilateral, philanthropic, and private sector
entities, including the United Nations Rome-based agencies and
the World Bank, regarding the potential establishment of a
multilateral fund focused on food security, as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(e) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $116,400,000 shall be made available for activities to
combat trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than $87,000,000 shall
be from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds made
available by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed consistent
with the country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with the Office
to Monitor and Combat Trafficking in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic, racial,
religious, and political backgrounds from areas of civil strife and
war: Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Center
for Conflict and Violence Prevention, USAID.
(g) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $475,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $237,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $17,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
(h) Deviation.--Unless otherwise provided for by this Act, the
Secretary of State and the Administrator of the United States Agency
for International Development, as applicable, may deviate below the
minimum funding requirements designated in sections 7059, 7060, and
7061 of this Act by up to 10 percent, notwithstanding such designation:
Provided, That concurrent with the submission of the report required
by section 653(a) of the Foreign Assistance Act of 1961, the Secretary
of State shall submit to the Committees on Appropriations in writing
any proposed deviations utilizing such authority that are planned at
the time of submission of such report: Provided further, That any
deviations proposed subsequent to the submission of such report shall
be subject to prior consultation with such Committees: Provided
further, That not later than November 1, 2024, the Secretary of State
shall submit a report to the Committees on Appropriations on the use of
the authority of this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, except for the provisions of this section and
only subject to the reporting procedures of the Committees on
Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act, not
less than $385,000,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $125,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat the
transnational threat of wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act may
be made available for training or other assistance for any military
unit or personnel that the Secretary of State determines has been
credibly alleged to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national security
interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall
not be used to support the expansion of industrial scale logging,
agriculture, livestock production, mining, or any other industrial
scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of the Treasury
shall instruct the United States executive directors of each
international financial institution (IFI) to use the voice and vote of
the United States to oppose any financing of any such activity.
(5) Funds appropriated by this Act shall be made available to
support a new public-private partnership for conservation to promote
long-term management of protected areas in developing countries, if
legislation establishing a foundation to facilitate such partnership is
enacted into law.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each IFI that it is the policy of the United
States to use the voice and vote of the United States, in relation to
any loan, grant, strategy, or policy of such institution, regarding the
construction of any large dam consistent with the criteria set forth in
Senate Report 114-79, while also considering whether the project
involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less
than $185,000,000 shall be made available for sustainable landscapes
programs.
(e) Of the funds appropriated under title III of this Act, not less
than $270,000,000 shall be made available for adaptation programs,
including in support of the implementation of the Indo-Pacific
Strategy.
(f) Of the funds appropriated under title III of this Act, not less
than $260,000,000 shall be made available for clean energy programs,
including in support of carrying out the purposes of the Electrify
Africa Act (Public Law 114-121) and implementing the Power Africa
initiative.
(g) Funds appropriated by this Act under title III may be made
available for United States contributions to the Adaptation Fund and
the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for the purposes enumerated
under section 7060(c)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021 (division K
of Public Law 116-260): Provided, That such funds may only be made
available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not less
than $20,000,000 shall be made available to support Indigenous and
other civil society organizations in developing countries that are
working to protect the environment, including threatened and endangered
species, as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(j) The Secretary of State and USAID Administrator shall implement
the directive regarding law enforcement in national parks and protected
areas as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2023, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget justification
funding levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the department or
agency; and a clear, concise, and informative description/
justification: Provided further, That operating plans that include
changes in levels of funding for programs, projects, and activities
specified in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), as applicable, shall be
subject to the notification and reprogramming requirements of section
7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations spend plans as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for funds
made available by this Act under the heading ``Department of
the Treasury, International Affairs Technical Assistance'' in
title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may
be obligated prior to the submission of such spend plan if the
Secretary of State, the USAID Administrator, or the Secretary
of the Treasury, as applicable, determines that the obligation
of such funds is necessary to avoid significant programmatic
disruption: Provided, That not less than seven days prior to
such obligation, the Secretary or Administrator, as
appropriate, shall consult with the Committees on
Appropriations on the justification for such obligation and the
proposed uses of such funds.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2024:
Provided, That the appendices for such justification shall be provided
to the Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or
organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the staffing levels previously justified to the Committees
on Appropriations for fiscal year 2023.
department of state management
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by this
Act or otherwise made available to the Department of State for payments
to the Working Capital Fund that are made available for new service
centers, shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(c) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading ``Administration
of Foreign Affairs'' may be made available for a new major information
technology investment without the concurrence of the Chief Information
Officer, Department of State.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2024.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the funds
made available in title III of this Act pursuant to, or to carry out
the provisions of, part I of the Foreign Assistance Act of 1961 and
section 509(b) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94) may be made available for the United States
Agency for International Development to appoint and employ personnel in
the excepted service to prevent or respond to foreign crises and
contexts with growing instability: Provided, That functions carried
out by personnel hired under the authority of this subsection shall be
related to the purpose for which the funds were appropriated: Provided
further, That such funds are in addition to funds otherwise available
for such purposes and may remain attributed to any minimum funding
requirement for which they were originally made available: Provided
further, That the USAID Administrator shall coordinate with the
Director of the Office of Personnel Management and consult with the
appropriate congressional committees on implementation of this
provision.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds
appropriated by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing
Program'', not less than $135,000,000 shall be made available for the
Prevention and Stabilization Fund for the purposes enumerated in
section 509(a) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94), of which $25,000,000 may be made available for
the Multi-Donor Global Fragility Fund authorized by section 510(c) of
such Act: Provided, That such funds shall be allocated as specified
under this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That funds appropriated under such headings may be
transferred to, and merged with, funds appropriated under such headings
for such purposes: Provided further, That such transfer authority is
in addition to any other transfer authority provided by this Act or any
other Act, and is subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That funds made available pursuant to this subsection that are
transferred to funds appropriated under the heading ``Foreign Military
Financing Program'' may remain available until September 30, 2024.
(b) Transitional Justice.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $10,000,000
shall be made available for programs to promote accountability for
genocide, crimes against humanity, and war crimes, which shall be in
addition to any other funds made available by this Act for such
purposes: Provided, That such programs shall include components to
develop local investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of evidence,
including for use in prosecutions, and may include the establishment
of, and assistance for, transitional justice mechanisms: Provided
further, That such funds shall be administered by the Ambassador-at-
Large for the Office of Global Criminal Justice, Department of State,
and shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available by this
paragraph shall be made available on an open and competitive basis.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available to the Global
Community Engagement and Resilience Fund, including as a contribution.
debt-for-development
Sec. 7067. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2023 by
substituting ``the costs of providing consular services'' for ``such
costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-
136; 134 Stat. 592) shall be applied during fiscal year 2023 by
substituting ``2020 through 2023'' for ``2020 and 2021''.
(c) Discretionary amounts made available to the Department of State
under the heading ``Administration of Foreign Affairs'' of this Act,
and discretionary unobligated balances under such heading from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that to do
so is necessary to sustain consular operations, following consultation
with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and
under any other provision of law: Provided further, That no amounts
may be transferred from amounts designated as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
management of international transboundary water pollution
(including transfer of funds)
Sec. 7069. In fiscal year 2023 and in each fiscal year
thereafter--
(a) The Administrator of the Environmental Protection Agency (the
``Administrator'') may transfer amounts made available under the
heading ``Environmental Protection Agency--State and Tribal Assistance
Grants'' in the USMCA Supplemental Appropriations Act, 2019 (title IX
of Public Law 116-113) to the International Boundary and Water
Commission, United States and Mexico (the ``Commission''), by entering
into an interagency agreement or by awarding a grant, to support the
construction of treatment works (as that term is defined in section
212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2))),
that will be owned or operated by the Commission: Provided, That the
Commission shall, in consultation with the Administrator and subject to
the requirements of sections 513 and 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1372 and 1388), use amounts transferred pursuant
to this section for general, administrative, or other costs (including
construction management) related to the planning, study, design, and
construction, of treatment works that, as determined by the
Commissioner of the Commission, will--
(1) protect residents in the United States-Mexico border
region from water pollution resulting from--
(A) transboundary flows of wastewater, stormwater,
or other international transboundary water flows
originating in Mexico; and
(B) any inadequacies or breakdowns of treatment
works in Mexico; and
(2) provide treatment of the flows and water pollution
described in subparagraph (A) in compliance with local, State,
and Federal law: Provided, That the Commission may also use
amounts transferred pursuant to this section to operate and
maintain any new treatment work constructed, which shall be in
addition to any amounts otherwise available to the Commission
for such purposes.
(b) The Commission is authorized to enter into an agreement with
the appropriate official or officials of the United States and Mexican
States for the operation and maintenance by the Commission of any new
treatment works, pursuant to subsection (a): Provided, That such
agreement shall contain a provision relating to the division between
the two Governments of the costs of such operation and maintenance, or
of the works involved there as may be recommended by said Commission
and approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or otherwise
limits the authority of the Commission under--
(1) the treaty relating to the utilization of the waters of
the Colorado and Tijuana Rivers, and of the Rio Grande (Rio
Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and
supplementary protocol, signed at Washington February 3, 1944
(59 Stat. 1219), between the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(e) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
waiver authority
Sec. 7070. The President may waive section 414 of Public Law 101-
246 and section 410 of Public Law 103-236 with respect to the United
Nations Educational, Scientific and Cultural Organization if the
President determines and reports in writing to the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the
appropriate congressional committees that to do so would enable the
United States to counter Chinese influence or to promote other national
interests of the United States: Provided, That the authority of this
section shall cease to have effect if, after enactment of this Act, the
Palestinians obtain the same standing as member states or full
membership as a state in the United Nations or any specialized agency
thereof outside an agreement negotiated between Israel and the
Palestinians: Provided further, That the authority of this section
shall sunset on September 30, 2025, unless extended in a subsequent Act
of Congress.
organization of american states
Sec. 7071. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to: (1) implement
budgetary reforms and efficiencies within the Organization; (2)
eliminate arrears, increase other donor contributions, and impose
penalties for successive late payment of assessments; (3) prevent
programmatic and organizational redundancies and consolidate
duplicative activities and functions; (4) prioritize areas in which the
OAS has expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and (5) implement
reforms within the Office of the Inspector General (OIG) to ensure the
OIG has the necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly carry out its
responsibilities in a manner that meets or exceeds best practices in
the United States.
(b) Prior to the obligation of funds appropriated by this Act and
made available for an assessed contribution to the Organization of
American States, but not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on actions taken or planned to be
taken pursuant to subsection (a) that are in addition to actions taken
during the preceding fiscal year, and the results of such actions.
multilateral development banks
Sec. 7072. (a) International Development Association Twentieth
Replenishment.--The International Development Association Act (22
U.S.C. 284 et seq.) is amended by adding at the end the following new
section:
``SEC. 32. TWENTIETH REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association is authorized to contribute on behalf of the
United States $3,500,000,000 to the twentieth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,500,000,000 for payment by the Secretary of the Treasury.''.
(b) Asian Development Fund Twelfth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at
the end the following new section:
``SEC. 37. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $177,440,000 to the twelfth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $177,440,000 for payment by the Secretary of
the Treasury.''.
war crimes accountability
Sec. 7073. (a) Exception for Certain Investigations.--Section
2004(h) of the American Servicemembers' Protection Act of 2002 (22
U.S.C. 7423(h)) is amended--
(1) by striking ``Agents.--No agent'' and inserting the
following: ``Agents.--
``(1) In general.--No agent''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The prohibition under paragraph (1) shall
not apply with respect to investigative activities that--
``(A) relate solely to investigations and
prosecutions of foreign persons for crimes within the
jurisdiction of the International Criminal Court
related to the Situation in Ukraine; and
``(B) are undertaken in concurrence with the
Attorney General.''.
(b) Exception for Certain Support.--Section 2015 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7433) is amended by
striking ``Nothing'' through the end of such section and inserting the
following:
``(a) Assistance.--Nothing in this title shall prohibit the United
States from rendering assistance to international efforts to bring to
justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other
members of Al Queda, leaders of Islamic Jihad, and other foreign
nationals accused of genocide, war crimes or crimes against humanity,
or from rendering assistance to the International Criminal Court to
assist with investigations and prosecutions of foreign nationals
related to the Situation in Ukraine, including to support victims and
witnesses.
``(b) Authority.--Assistance made available pursuant to subsection
(a) of this section may be made available notwithstanding section 705
of the Foreign Relations Authorization Act, Fiscal Year 2000 and 2001
(22 U.S.C. 7401), except that none of the funds made available pursuant
to this subsection may be made available for the purpose of supporting
investigations or prosecutions of U.S. servicemembers or other covered
United States persons or covered allied persons as such terms are
defined in section 2013 of this Act.
``(c) Notification.--The Secretary of State shall notify the
Committees on Appropriations, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, of any amounts obligated pursuant to subsection (b)
not later than 15 days before such obligation is made.''.
(c) Rule of Construction.--Nothing in this section may be construed
to modify the existing roles or authorities of any Federal agency or
official.
rescissions
(including rescissions of funds)
Sec. 7074. (a) Millennium Challenge Corporation.--Of the
unobligated balances from amounts made available under the heading
``Millennium Challenge Corporation'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $100,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated and unexpended balances from amounts available under the
heading ``Embassy Security, Construction, and Maintenance'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $42,000,000 are rescinded.
(c) Contributions for International Peacekeeping Activities.--Of
the unobligated and unexpended balances from amounts available under
the heading ``Contributions for International Peacekeeping Activities''
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $100,000,000 are rescinded.
(d) Restriction.--No amounts may be rescinded from amounts that
were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$171,014,000: Provided, That of the sums appropriated under this
heading--
(1) $3,569,000 shall be available for the immediate Office
of the Secretary;
(2) $1,277,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $17,469,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$2,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,450,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred to
in this title as the ``Secretary'') is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 7 percent by all such transfers: Provided further, That notice of
any change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further, That
notwithstanding any other provision of law, there may be credited to
this appropriation up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $48,996,000, of which
$37,542,000 shall remain available until expended: Provided, That of
such amounts that are available until expended, $3,224,000 shall be for
necessary expenses of the Advanced Research Projects Agency--
Infrastructure (ARPA-I) as authorized by section 119 of title 49,
United States Code: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further, That any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $800,000,000, to remain available until expended: Provided, That
section 6702(f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That of amounts made available under this heading in this Act,
not less than $20,000,000 shall be awarded to projects in historically
disadvantaged communities or areas of persistent poverty as defined
under section 6702(a)(1) of title 49, United States Code: Provided
further, That section 6702(g) of title 49, United States Code, shall
not apply to amounts made available under this heading in this Act:
Provided further, That of the amounts made available under this heading
in this Act not less than 5 percent shall be made available for the
planning, preparation, or design of eligible projects: Provided
further, That grants awarded under this heading in this Act for
eligible projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further,
That section 6702(c)(2)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading in this Act:
Provided further, That a grant award under this heading in this Act
shall be not greater than $45,000,000: Provided further, That section
6702(c)(3) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act: Provided further, That
not more than 15 percent of the amounts made available under this
heading in this Act may be awarded to projects in a single State:
Provided further, That for amounts made available under this heading in
this Act, the Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall financing
package: Provided further, That section 6702(f)(1) of title 49, United
States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That of the amounts awarded
under this heading in this Act, not more than 50 percent shall be
allocated for eligible projects located in rural areas and not more
than 50 percent shall be allocated for eligible projects located in
urbanized areas: Provided further, That for the purpose of determining
if an award for planning, preparation, or design under this heading in
this Act is an urban award, the project location is the location of the
project being planned, prepared, or designed: Provided further, That
the Secretary may retain up to 2 percent of the amounts made available
under this heading in this Act, and may transfer portions of such
amounts to the Administrators of the Federal Aviation Administration,
the Federal Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration and the Maritime Administration to
fund the award and oversight of grants and credit assistance made under
the program authorized under section 6702 of title 49, United States
Code: Provided further, That for amounts made available under this
heading in this Act, the Secretary shall consider and award projects
based solely on the selection criteria as identified under section
6702(d)(3) and (d)(4) of title 49, United States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2025: Provided,
That the Secretary of Transportation shall make such amounts available
for technical assistance and cooperative agreements to develop and
implement technical assistance, planning, and capacity building to
improve and foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter into
cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, State or local governments and
their agencies, Indian Tribes, or other technical assistance providers,
to provide such technical assistance, planning, and capacity building
to State, local, or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or other
political subdivisions of State or local governments: Provided
further, That to be eligible for a cooperative agreement under this
heading, a recipient shall provide assistance to entities described in
the preceding proviso on engaging in public planning processes with
residents, local businesses, non-profit organizations, and to the
extent practicable, philanthropic organizations, educational
institutions, or other community stakeholders: Provided further, That
such cooperative agreements shall facilitate the planning and
development of transportation and community revitalization activities
supported by the Department of Transportation under titles 23, 46, and
49, United States Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve or expand jobs, improve housing
conditions, enhance connections to health care, education, and food
security, or improve health outcomes: Provided further, That the
Secretary may prioritize assistance provided with amounts made
available under this heading to communities that have disproportionate
rates of pollution and poor air quality, communities experiencing
disproportionate effects (as defined by Executive Order No. 12898),
areas of persistent poverty as defined in section 6702(a)(1) of title
49, United States Code, or historically disadvantaged communities:
Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available under
this heading to entities described in the second proviso under this
heading that request assistance through the thriving communities
program: Provided further, That planning and technical assistance made
available under this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary may retain amounts made
available under this heading for the necessary administrative expenses
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the
second proviso under this heading with applications for financial
assistance programs under titles 23, 46, and 49, United States Code,
and (2) award, administration, and oversight of cooperative agreements
to carry out the provisions under this heading: Provided further, That
such amounts and payments as may be necessary to carry out the thriving
communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations not later than 3 business days prior to a
transfer carried out under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $8,850,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2024.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $48,100,000, to remain
available until September 30, 2024.
office of civil rights
For necessary expenses of the Office of Civil Rights, $14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $36,543,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $12,914,000 shall be made
available for the purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $505,285,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58: Provided
further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may
be levied against any program, budget activity, subactivity, or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,132,000, to remain available
until September 30, 2024: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $354,827,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2023, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, and the subsidy cap established by
section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, shall not apply to maintain eligibility under
section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescission and transfer of funds)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2023 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2023 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from Departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 108. For an additional amount for necessary expenses of the
Volpe National Transportation Systems Center, as authorized in section
328 of title 49, United States Code, $4,500,000, to remain available
until expended.
Sec. 109. (a) The remaining unobligated balances, as of September
30, 2023, from amounts made available in section 157(a) of the
Continuing Appropriations Act, 2023 (division A of Public Law 117-180)
are hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2023, to remain available until September
30, 2024, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2020
national infrastructure investments program, in addition to other funds
as may be available for such purposes.
(b) The remaining unobligated balances, as of September 30, 2023,
from amounts made available in section 157(b) of the Continuing
Appropriations Act, 2023 (division A of Public Law 117-180) are hereby
permanently rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated on September
30, 2023, to remain available until September 30, 2024, and shall be
available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2019 national infrastructure
investments program, in addition to other funds as may be available for
such purposes.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act or in Public Law 117-103 for the costs of
award, administration, or oversight of financial assistance under the
programs identified in subsection (c) may be transferred to the account
identified in section 801 of division J of Public Law 117-58, to remain
available until expended, for the necessary expenses of award,
administration, or oversight of any financial assistance programs in
the Department of Transportation.
(b) Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
(c) The program from which funds made available under this Act or
in Public Law 117-103 may be transferred under subsection (a) is the
local and regional project assistance program under section 6702 of
title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading
``National Infrastructure Investments'', not less than $1,000,000 and
not greater than $25,000,000 shall be available to complete port
infrastructure projects that received awards from the national
infrastructure investments program under title I of division G of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) or rail
infrastructure projects that received awards from the national
infrastructure investments program under title I of division L of the
Consolidated Appropriations Act, 2018 (Public Law 115-141): Provided,
That an award funded under this section may allow the total award to a
recipient to be greater than $25,000,000: Provided further, That
sponsors of projects eligible for funds made available under this
section shall provide sufficient written justification describing, at a
minimum, the current project cost estimate, why the project cannot be
completed with the obligated grant amount, and any other relevant
information, as determined by the Secretary: Provided further, That
the allocation under the preceding proviso will be for the amounts
necessary to cover increases to eligible project costs since the grant
was obligated, based on the information provided: Provided further,
That section 200.204 of title 2, Code of Federal Regulations, shall not
apply to amounts made available under this section: Provided further,
That the amounts made available under this section shall not be part of
the Federal share of total project costs and shall be up to 100
percent: Provided further, That section 6702(c)(3) of title 49, United
States Code, shall not apply to amounts made available under this
section: Provided further, That section 6702(f) of title 49, United
States Code, shall not apply to amounts made available under this
section: Provided further, That of amounts made available under this
section, the Secretary may award to rail infrastructure projects only
amounts that the Secretary determines are not needed to complete port
infrastructure projects.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,915,000,000, to remain available until September
30, 2024, of which $9,993,821,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,630,794,000 shall be available for
aviation safety activities;
(2) $8,812,537,000 shall be available for air traffic
organization activities;
(3) $37,854,000 shall be available for commercial space
transportation activities;
(4) $918,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $152,509,000 shall be available for security and
hazardous materials safety activities; and
(7) $297,676,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $187,800,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,945,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$2,221,200,000 shall remain available until September 30, 2025, and
$153,800,000 is for terminal facilities and shall remain available
until September 30, 2027: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2024 through 2028, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided further,
That section 405 of this Act shall apply to amounts made available
under this heading in title VIII of the Infrastructure Investments and
Jobs Appropriations Act (division J of Public Law 117-58): Provided
further, That the amounts in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2023'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
shall be the baseline for application of reprogramming and transfer
authorities for the current fiscal year pursuant to paragraph (7) of
such section 405 for amounts referred to in the preceding proviso:
Provided further, That, notwithstanding paragraphs (5) and (6) of such
section 405, unless prior approval is received from the House and
Senate Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the table
referred to in the preceding proviso may be transferred to any other
funding level specified for projects and activities in such table and
no transfer of such funding levels may increase or decrease any funding
level in such table by more than 10 percent: Provided further, That of
the amounts made available under this heading for terminal facilities,
$45,000,000 shall be made available for the purposes, and in amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $255,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2025: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2023, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the Airport
Cooperative Research Program, $40,828,000 shall be available for
Airport Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office
of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $558,555,000, to remain available
through September 30, 2025: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the sums
appropriated under this heading--
(1) $283,555,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
and
(2) up to $275,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports, of
which not less than $25,000,000 shall be made available to any
commercial service airport, notwithstanding the requirement for
the airport to be located in an air quality nonattainment or
maintenance area in section 47102(3)(K) and 47102(3)(L) of
title 49, United States Code, for work necessary to construct
or modify airport facilities to provide low-emission fuel
systems, gate electrification, other related air quality
improvements, acquisition of airport-owned vehicles or ground
support equipment with low-emission technology:
Provided further, That the Secretary may make discretionary grants to
primary airports for airport-owned infrastructure required for the on-
airport distribution, blending, or storage of sustainable aviation
fuels that achieve at least a 50 percent reduction in lifecycle
greenhouse gas emissions, using a methodology determined by the
Secretary, including, but not limited to, on-airport construction or
expansion of pipelines, rail lines and spurs, loading and off-loading
facilities, blending facilities, and storage tanks: Provided further,
That the Secretary may make discretionary grants for airport
development improvements of primary runways, taxiways, and aprons
necessary at a nonhub, small hub, medium hub, or large hub airport to
increase operational resilience for the purpose of resuming commercial
service flight operations following an earthquake, flooding, high
water, hurricane, storm surge, tidal wave, tornado, tsunami, wind
driven water, or winter storms: Provided further, That the amounts
made available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.5 percent of the
amounts made available under this heading to fund the award and
oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2023.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the FAA
under section 44502(e) of title 49, United States Code, was purchased
by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $473,535,991 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $58,764,510,674 for fiscal year 2023:
Provided, That the limitation on obligations under this heading shall
only apply to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise specified in
law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$59,503,510,674 shall be derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $3,417,811,613:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2023 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; (3) the nationally
significant Federal lands and Tribal projects program under section
1123 of the FAST Act, as amended (23 U.S.C. 201 note); (4) the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.); or (5) the Denali
Commission, and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That, except for funds
made available under this heading for the Northern Border Regional
Commission and the Denali Commission, section 11101(e) of Public Law
117-58 shall apply to funds made available under this heading:
Provided further, That unless otherwise specified, amounts made
available under this heading shall be available until September 30,
2026, and shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs set forth
in any Act making annual appropriations: Provided further, That of the
sums appropriated under this heading--
(1) $1,862,811,613 shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made
available under this paragraph that are used for Tribal
projects shall be administered as if allocated under chapter 2
of title 23, United States Code, except that the set-asides
described in subparagraph (C) of section 202(b)(3) of title 23,
United States Code, and subsections (a)(6), (c), and (e) of
section 202 of such title, and section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System, as
authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian Development Highway System
shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made
available under this heading for construction of the
Appalachian Development Highway System shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the
Appalachian Development Highway System shall be carried out in
the same manner as a project under section 14501 of title 40,
United States Code: Provided further, That subject to the
following proviso, funds made available under this heading for
construction of the Appalachian Development Highway System
shall be apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
Development Highway System, adjusted to exclude those corridors
that such States have no current plans to complete, as reported
in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
priority for completion of an Appalachian Development Highway
System corridor, as reported in the 2020 Appalachian
Development Highway System Future Outlook: Provided further,
That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall
be up to 100 percent;
(3) $40,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123 of
the FAST Act (23 U.S.C. 201 note), of which not less than
$20,000,000 shall be for competitive grants to tribal
governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441
of the FAST Act (23 U.S.C. 601 note): Provided, That for funds
made available under this paragraph, the Federal share of the
costs shall be, at the option of the recipient, up to 100
percent;
(5) $20,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(6) $45,000,000 shall be for the active transportation
infrastructure investment program under section 11529 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):
Provided, That except as otherwise provided under such section
or this heading, the funds made available under this paragraph
shall be administered as if apportioned under chapter 1 of
title 23, United States Code: Provided further, That funds
made available under this paragraph shall remain available
until expended;
(7) $3,000,000 shall be to carry out the Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way
Program under section 332 of title 23, United States Code;
(8) $5,000,000 shall be for a cooperative series of
agreements with universities, Federal agencies, the National
Academy of Sciences, transportation agencies, or nonprofit
organizations, to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations:
Provided, That, for funds made available under this paragraph,
the Federal share of the costs of an activity carried out with
such funds shall be 80 percent: Provided further, That, except
as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
authorized under chapter 5 of title 23, United States Code;
(9) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of
funds made available under this paragraph, the term ``State''
means any of the 50 States or the District of Columbia and the
term ``qualifying State'' means any State in which the
percentage of total deck area of bridges classified as in poor
condition in such State is at least 5 percent or in which the
percentage of total bridges classified as in poor condition in
such State is at least 5 percent: Provided further, That, of
the funds made available under this paragraph, the Secretary
shall reserve $6,000,000 for each State that does not meet the
definition of a qualifying State: Provided further, That,
after making the reservations under the preceding proviso, the
Secretary shall distribute the remaining funds made available
under this paragraph to each qualifying State by the proportion
that the percentage of total deck area of bridges classified as
in poor condition in such qualifying State bears to the sum of
the percentages of total deck area of bridges classified as in
poor condition in all qualifying States: Provided further,
That, of the funds made available under this paragraph--
(A) no qualifying State shall receive more than
$60,000,000;
(B) each State shall receive an amount not less
than $6,000,000; and
(C) after calculating the distribution of funds
pursuant to the preceding proviso, any amount in excess
of $60,000,000 shall be redistributed equally among
each State that does not meet the definition of a
qualifying State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That for purposes of this paragraph, the Secretary shall
calculate the percentages of total deck area of bridges
(including the percentages of total deck area classified as in
poor condition) and the percentages of total bridge counts
(including the percentages of total bridges classified as in
poor condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code;
(10) $15,000,000 shall be transferred to the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.) to make
grants, in addition to amounts otherwise made available to the
Northern Border Regional Commission for such purpose, to carry
out pilot projects that demonstrate the capabilities of wood-
based infrastructure projects: Provided, That a grant made
with funds made available under this paragraph shall be
administered in the same manner as a grant made under subtitle
V of title 40, United States Code;
(11) $150,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4) of title 23, United
States Code, of which $125,000,000 shall be for such activities
eligible under subparagraph (A) of such section, and of which
$25,000,000 shall be for such activities eligible under
subparagraph (C) of such section: Provided, That, except as
otherwise provided under this heading, the funds made available
under this paragraph shall be administered as if apportioned
under chapter 1 of title 23, United States Code: Provided
further, That, except as otherwise provided under this heading,
funds made available under this paragraph shall be administered
as if made available to carry out section 176(d) of such title:
Provided further, That, for purposes of the calculation under
section 176(d)(5)(G)(ii) of such title, amounts made available
under this paragraph shall be included in the calculation of
the total amount provided for fiscal year 2023 under section
176(d) of such title: Provided further, That for purposes of
applying the set-asides under section 176(d)(5)(H)(ii) and
(iii) of such title, amounts made available under this
paragraph for competitive awards for activities eligible under
sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be
included in the calculation of the amounts made available to
carry out section 176(d) of such title for fiscal year 2023:
Provided further, That, the Secretary may retain not more than
a total of 5 percent of the amounts made available under this
paragraph to carry out this paragraph and to review
applications for grants under this paragraph, and may transfer
portions of the funds retained under this proviso to the
relevant Administrators to fund the award and oversight of
grants provided under this paragraph: Provided further, That a
project assisted with funds made available under this paragraph
shall be treated as a project on a Federal-aid highway;
(12) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277): Provided, That funds made available under this
paragraph shall not be subject to section 311 of such Act:
Provided further, That except as otherwise provided under
section 307(e) of such Act or this heading, funds made
available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement in
section 307(e) of such Act that the local community provides a
10 percent non-Federal match in the form of any necessary land
or planning and design funds: Provided further, That such
funds shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
90 percent; and
(13) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali Access System Program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277): Provided, That a transfer
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise provided
under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this
paragraph shall not be subject to section 309(j)(2) of such
Act: Provided further, That funds made available under this
paragraph shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway
safety construction programs, or apportioned by the Secretary
under section 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2023, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $367,500,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $367,500,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2023, of which $14,073,000, to remain
available for obligation until September 30, 2025, is for the research
and technology program, and of which not less than $63,098,000, to
remain available for obligation until September 30, 2025, is for
development, modernization, enhancement, and continued operation and
maintenance of information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $506,150,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $506,150,000 in fiscal
year 2023 for ``Motor Carrier Safety Grants'': Provided further, That
of the amounts made available under this heading--
(1) $398,500,000, to remain available for obligation until
September 30, 2024, shall be for the motor carrier safety
assistance program;
(2) $42,650,000, to remain available for obligation until
September 30, 2024, shall be for the commercial driver's
license program implementation program;
(3) $58,800,000, to remain available for obligation until
September 30, 2024, shall be for the high priority program;
(4) $1,200,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety, authorized under chapter
301 and part C of subtitle VI of title 49, United States Code,
$210,000,000, to remain available through September 30, 2024.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $197,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2023, are in excess of $197,000,000: Provided further, That of the
sums appropriated under this heading--
(1) $190,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,000,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $197,000,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2024, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2023 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $795,220,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2023 are in excess of $795,220,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $370,900,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $346,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $38,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $39,520,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under section
405 of title 23, United States Code, for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision under section
405(a)(8) of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Sec. 143. Section 24220 of the Infrastructure Investment and Jobs
Act (Public Law 117-58) is amended by adding at the end the following:
``(f) Short Title.--This section may be cited as the `Honoring the
Abbas Family Legacy to Terminate Drunk Driving Act'.''.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $250,449,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$44,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership for
Intercity Passenger Rail grants as authorized by section 24911 of title
49, United States Code, $100,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amounts made available under this heading in this Act for the costs
of award and project management oversight of grants carried out under
title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $535,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) not less than $150,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects
eligible under section 22907(c)(11) of title 49, United States
Code: Provided, That for amounts made available in this
paragraph, the Secretary shall give preference to projects that
are located in counties with the most pedestrian trespasser
casualties;
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects;
(4) $30,426,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That requirements under subsections (g) and (l) of
section 22907 of title 49, United States Code, shall not apply
to this paragraph: Provided further, That any remaining funds
available after the distribution of the Community Project
Funding/Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(5) not less than $5,000,000 shall be available for
workforce development and training activities as authorized
under section 22907(c)(13) of title 49, United States Code:
Provided further, That for amounts made available under this heading
in this Act, eligible projects under section 22907(c)(8) of title 49,
United States Code, shall also include railroad systems planning
(including the preparation of regional intercity passenger rail plans
and State Rail Plans) and railroad project development activities
(including railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the development and
analysis of project alternatives): Provided further, That section
22905(f) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made available
under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those terms
are defined in section 20102 of title 49, United States Code):
Provided further, That section 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That section 22907(e)(1)(A) of
title 49, United States Code, shall not apply to amounts made available
under this heading in previous fiscal years if such funds are announced
in a notice of funding opportunity that includes funds made available
under this heading in this Act: Provided further, That the preceding
proviso shall not apply to funds made available under this heading in
the Infrastructure Investment and Jobs Act (division J of Public Law
117-58): Provided further, That unobligated balances remaining after 6
years from the date of enactment of this Act may be used for any
eligible project under section 22907(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to 2
percent of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,260,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary may retain up to an additional $5,000,000 of
the amounts made available under this heading in this Act to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,193,000,000, to remain available until expended: Provided,
That the Secretary may retain up to an additional $3,000,000 of the
funds provided under this heading in this Act to fund expenses
associated with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided further, That
at least $50,000,000 of the amount provided under this heading in this
Act shall be available for the development, installation and operation
of railroad safety improvements, including the implementation of a
positive train control system, on State-supported routes as defined
under section 24102(13) of title 49, United States Code, on which
positive train control systems are not required by law or regulation as
identified on or before the date of enactment of this Act: Provided
further, That any unexpended balances from amounts provided under this
heading in this Act and in prior fiscal years for the development,
installation and operation of railroad safety technology on State-
supported routes on which positive train control systems are not
required by law or regulation shall also be available for railroad
safety improvements on State-supported routes as identified on or
before the date of enactment of Public Law 117-103: Provided further,
That none of the funds provided under this heading in this Act shall be
used by Amtrak to give notice under subsection (a) or (c) of section
24706 of title 49, United States Code, with respect to long-distance
routes (as defined in section 24102 of title 49, United States Code) on
which Amtrak is the sole operator on a host railroad's line and a
positive train control system is not required by law or regulation, or,
except in an emergency or during maintenance or construction outages
impacting such routes, to otherwise discontinue, reduce the frequency
of, suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service: Provided further,
That the National Railroad Passenger Corporation may use up to
$66,000,000 of the amounts made available under this heading in this
Act to support planning and capital costs, and operating assistance
consistent with the Federal funding limitations under section 22908 of
title 49, United States Code, of corridors selected under section 25101
of title 49, United States Code, that are operated by the National
Railroad Passenger Corporation.
administrative provisions--federal railroad administration
(including rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 151. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 152. Amounts made available under the heading ``Department of
Transportation--Federal Railroad Administration--Restoration and
Enhancement'' in any prior fiscal years are subject to the requirements
of section 22908 of title 49, United States Code, as in effect on the
effective date of the Infrastructure Investment and Jobs Act (Public
Law 117-58).
Sec. 153. Section 802 of title VIII of division J of Public Law
117-58 is amended--
(1) in the first proviso, by inserting ``that could be''
after ``amounts''; and
(2) in the second proviso, by inserting ``that could be''
after ``amounts'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Rail Line Relocation and Improvement Program''
account totaling $1,811,124.16 appropriated by Public Law 112-
10 is hereby permanently rescinded; and
(2) ``Railroad Safety Grants'' account totaling
$1,610,000.00 appropriated by Public Law 114-113 is hereby
permanently rescinded.
Sec. 155. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2022 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2022 and for the
3 prior calendar years.
Sec. 156. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 157. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 158. State-supported routes operated by Amtrak. Section
24712(a) of title 49, United States Code, is hereby amended by
inserting after section 24712(a)(7) the following--
``(8) Staffing.--The Committee may--
``(A) appoint, terminate, and fix the compensation
of an executive director and other Committee employees
necessary for the Committee to carry out its duties;
and
``(B) enter into contracts necessary to carry out
its duties, including providing Committee employees
with retirement and other employee benefits under the
condition that Non-Federal members or officers, the
executive director, and employees of the Committee are
not Federal employees for any purpose.
``(9) Authorization of appropriations.--Amounts made
available by the Secretary of Transportation for the Committee
may be used to carry out this section.''.
Sec. 159. For an additional amount for ``Consolidated Rail
Infrastructure and Safety Improvements'', $25,000,000, to remain
available until expended, for projects selected in response to the
Notice of Funding Opportunity published by the Federal Railroad
Administration on August 19, 2019 (84 FR 42979), and where a grant for
the project was obligated after June 1, 2021 and remains open:
Provided, That sponsors of projects eligible for funds made available
under this heading in this section shall provide sufficient written
justification describing, at a minimum, the current project cost
estimate, why the project cannot be completed with the obligated grant
amount, and any other relevant information, as determined by the
Secretary: Provided further, That funds made available under this
section shall be allocated to projects eligible to receive funding
under this section in order of the date the grants were obligated:
Provided further, That the allocation under the preceding proviso will
be for the amounts necessary to cover increases to eligible project
costs since the grant was obligated, based on the information provided:
Provided further, That the amounts made available under this section
shall not be part of the Federal share of total project costs under
section 22907(h)(2) of title 49, United States Code: Provided further,
That the Federal Railroad Administration shall provide the amounts
allocated to projects under this section no later than 90 days after
the date the sufficient written justifications required under this
section have been submitted.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, as amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $13,634,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337,
5339, and 5340, as amended by the Infrastructure Investment and Jobs
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $13,634,000,000 in fiscal year 2023.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339(b) of title 49, United States Code, low or no emission
grants under section 5339(c) of such title, ferry boats grants under
section 5307(h) of such title, bus testing facilities under section
5318 of such title, innovative mobility solutions grants under section
5312 of such title, accelerating innovative mobility initiative grants
under section 5312 of such title, accelerating the adoption of zero
emission buses under section 5312 of such title, Community Project
Funding/Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service for rural
communities under section 71103 of division G of Public Law 117-58,
$541,959,324, to remain available until expended: Provided, That of
the sums provided under this heading in this Act--
(1) $90,000,000 shall be available for buses and bus
facilities competitive grants as authorized under section
5339(b) of such title;
(2) $50,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
(3) $15,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this paragraph, no less than
$5,000,000 shall be available for low or zero emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(5) $360,459,324 shall be available for the purposes, and
in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That unless otherwise specified, applicable
requirements under chapter 53 of title 49, United States Code,
shall apply to amounts made available in this paragraph, except
that the Federal share of the costs for a project in this
paragraph shall be in an amount equal to 80 percent of the net
costs of the project, unless the Secretary approves a higher
maximum Federal share of the net costs of the project
consistent with administration of similar projects funded under
chapter 53 of title 49, United States Code;
(6) $17,500,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 20 miles
between the two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code: Provided
further, That entities that provide eligible service pursuant
to the preceding proviso may use amounts made available in this
paragraph for public transportation capital projects to support
any ferry service between two rural areas: Provided further,
That entities eligible for amounts made available in this
paragraph shall only provide ferry service to rural areas;
(7) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of title 49, United States Code: Provided, That
such amounts shall be available for competitive grants or
cooperative agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public transportation
fleet vehicles through riders mobile devices or other advanced
means: Provided further, That the Secretary shall evaluate the
potential for software developed with grants or cooperative
agreements to be shared for use by public transportation
agencies;
(8) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative service
delivery models, creative financing, novel partnerships, and
integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry; and
(9) $5,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title 49,
United States Code:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30,
2024: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $2,210,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading
in this Act--
(1) $1,772,900,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $100,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $215,000,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the Expedited Project Delivery for Capital
Investment Grants Pilot Program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b): Provided further, That upon submission to the
Congress of the fiscal year 2024 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on capital
investment grants, including proposed allocations for fiscal year 2024.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act not obligated by September 30, 2026, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2022, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. For an additional amount for ``Department of
Transportation--Federal Transit Administration--Capital Investment
Grants'', $425,000,000, to remain available until expended, for
allocation to recipients with existing full funding grant agreements
under sections 5309(d) and 5309(e) of title 49, United States Code:
Provided, That allocations shall be made only to recipients--
(1) that have received allocations for fiscal year 2022 or
that have expended 100 percent of the funds allocated under
section 3401(b)(4) of the American Rescue Plan Act of 2021
(Public Law 117-2); and
(2) that have a non-capital investment grant share of at
least $800,000,000 and either a capital investment grant share
of 40 percent or less or signed a full funding grant agreement
between January 20, 2017 and January 20, 2021; and
(3) that have expended at least 75 percent of the
allocations received under paragraph (4) of section 3401(b) of
the American Rescue Plan Act of 2021 (Public Law 117-2) or
expended at least 50 percent of the Federal operating
assistance allocations received under section 5307 of title 49,
United States Code, in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), the Coronavirus
Response and Relief Supplemental Appropriations Act, 2021
(division M of Public Law 116-260), or the American Rescue Plan
Act of 2021 (Public Law 117-2):
Provided further, That recipients with projects open for revenue
service shall not be eligible to receive an allocation of funding under
this section: Provided further, That amounts shall be provided to
recipients proportionally based on the non-capital investment grant
share of the project: Provided further, That no project may receive an
allocation of more than 15 percent of the total amount in this section:
Provided further, That the Secretary shall proportionally distribute
funds in excess of such 15 percent to recipients for which the percent
of funds does not exceed 15 percent: Provided further, That amounts
allocated pursuant to this section shall be provided to eligible
recipients notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the project under
section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided
further, That the Federal Transit Administration shall allocate amounts
under this section no later than 30 days after the date of enactment of
this Act.
Sec. 166. (a) The remaining unobligated balances, as of September
30, 2023, from amounts made available to the Department of
Transportation in section 422 under title IV of division L of the
Consolidated Appropriations Act, 2022 (Public Law 117-103) are hereby
rescinded, and an amount of additional new budget authority equivalent
to the amount rescinded is hereby appropriated on September 30, 2023,
for an additional amount for fiscal year 2023, to remain available
until September 30, 2025, and shall be available for the same purposes
and under the same authorities for which such amounts were originally
provided in the Consolidated Appropriations Act, 2019 (Public Law 116-
6).
(b) The remaining unobligated balances, as of September 30, 2023,
from amounts made available to the Department of Transportation under
the heading ``Federal Transit Administration--Capital Investment
Grants'' in division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2023, for an additional amount for
fiscal year 2023, to remain available until September 30, 2025, and
shall be available for the same purposes and under the same authorities
for which such amounts were originally provided in Public Law 116-94.
Sec. 167. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be
used by the facilities selected for such vehicle component assessment
for capital projects in order to build new infrastructure and enhance
existing facilities in order to expand component testing capability, in
accordance with the industry stakeholder testing objectives and
capabilities as outlined through the work of the Federal Transit
Administration Transit Vehicle Innovation and Deployment Centers
program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $38,500,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$14,800,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended: Provided, That of
the unobligated balances from prior year appropriations available under
this heading, $55,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under section
53406 of title 46, United States Code, $60,000,000, to remain available
until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $213,181,000: Provided, That of the sums
appropriated under this heading--
(1) $87,848,000 shall remain available until September 30,
2024, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $6,000,000 shall remain available until September 30,
2024, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $10,000,000 shall remain available until expended, for
the America's Marine Highway Program to make grants for the
purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from prior year
recoveries shall be available to carry out activities authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $120,700,000: Provided, That
of the sums appropriated under this heading--
(1) $30,500,000 shall remain available until expended, for
maintenance, repair, life extension, insurance, and capacity
improvement of National Defense Reserve Fleet training ships,
and for support of training ship operations at the State
Maritime Academies, of which not more than $8,000,000 shall be
for expenses related to training mariners, and for costs
associated with training vessel sharing pursuant to section
51504(g)(3) of title 46, United States Code, for costs
associated with mobilizing, operating and demobilizing the
vessel; travel costs for students, faculty and crew; and the
costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $75,000,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design of
school ships and, as determined by the Secretary, necessary
expenses to design, plan, construct infrastructure, and
purchase equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2027, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2024, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under paragraph (2) and
the funds provided for shoreside infrastructure improvements in Public
Law 117-103 for the purposes described in paragraph (2): Provided
further, That such funds may be used to reimburse State Maritime
Academies for costs incurred prior to the date of enactment of this
Act.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
(including rescission of funds)
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended: Provided, That of the
unobligated balances from prior year appropriations made available
under this heading, $12,000,000 are hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $212,203,512, to remain
available until expended: Provided, That projects eligible for amounts
made available under this heading in this Act shall be projects for
coastal seaports, inland river ports, or Great Lakes ports: Provided
further, That of the amounts made available under this heading in this
Act, not less than $187,203,512 shall be for coastal seaports or Great
Lakes ports: Provided further, That the requirements under section
3501(a)(12) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) shall apply to amounts made available under
this heading in this Act: Provided further, That for grants awarded
under this heading in this Act, the minimum grant size shall be
$1,000,000: Provided further, That for amounts made available under
this heading in this Act, the requirement under section
54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to
projects located in noncontiguous States or territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $29,936,000, of which $4,500,000 shall
remain available until September 30, 2025.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $70,743,000, of which $12,070,000 shall remain
available until September 30, 2025, of which $1,000,000 shall be made
available for carrying out section 5107(i) of title 49, United States
Code: Provided, That up to $800,000 in fees collected under section
5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $190,385,000, to remain available
until September 30, 2025, of which $29,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $153,985,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $7,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (``OTAs'') shall require written
notification to the House and Senate Committees on Appropriations not
less than 3 full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the Secretary
shall transmit to the House and Senate Committees on Appropriations the
report on pipeline safety testing enhancement as required pursuant to
section 105 of the Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts made
available under this heading to engineer, erect, alter, and repair
buildings or make any other public improvements for research facilities
at the Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso to the
House and Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and Senate
Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2025, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$108,073,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of Public Law 117-58 to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, letter of intent, federally funded cooperative agreement, full
funding grant agreement, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding
grant agreement is announced by the Department or its operating
administrations: Provided, That the Secretary of Transportation shall
provide the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines of credit,
letters of intent, federally funded cooperative agreements, full
funding grant agreements, and discretionary grants prior to the
notification required under the preceding proviso: Provided further,
That the Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $18,500,000, to
remain available until September 30, 2024: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $659,600,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $90,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $125,000,000 shall be available for the Office of the
General Counsel, of which not less than $20,300,000 shall be
for the Departmental Enforcement Center;
(3) $225,000,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $51,500,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $28,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $65,500,000 shall be available for the Office of Field
Policy and Management;
(7) $4,600,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$1,054,300,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $278,200,000 shall be available for the Office of
Public and Indian Housing;
(2) $163,400,000 shall be available for the Office of
Community Planning and Development;
(3) $465,000,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $39,600,000 shall be available for the Office of Policy
Development and Research;
(5) $97,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,100,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $23,599,532,000, to remain available until
expended, which shall be available on October 1, 2022 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2022), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2023:
Provided, That of the sums appropriated under this heading--
(1) $23,748,420,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2023 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration, which
are instead governed in accordance with the requirements of the
MTW demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2023: Provided further, That the
Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded in
accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same pro rata adjustments under the preceding provisos:
Provided further, That the Secretary may offset public housing
agencies' calendar year 2023 allocations based on the excess
amounts of public housing agencies' net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2022 that is
verifiable and complete), as determined by the Secretary:
Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2023 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the preceding two provisos throughout the
calendar year to prevent the termination of rental assistance
for families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $200,000,000 shall be available only:
(A) for adjustments in the allocations for public
housing agencies, after application for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in renewal costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of
the Act;
(B) for vouchers that were not in use during the
previous 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the
Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-
eligible activity to develop affordable housing for an
agency added to the MTW demonstration under the
expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L
of Public Law 114-113);
(C) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH)
vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate
rental assistance for families as a result of
insufficient funding;
(E) for adjustments in the allocations for public
housing agencies that--
(i) are leasing a lower-than-average
percentage of their authorized vouchers,
(ii) have low amounts of budget authority
in their net restricted assets accounts and
HUD-held programmatic reserves, relative to
other agencies, and
(iii) are not participating in the Moving
to Work demonstration, to enable such agencies
to lease more vouchers;
(F) for withheld payments in accordance with
section 8(o)(8)(A)(ii) of the Act for months in the
previous calendar year that were subsequently paid by
the public housing agency after the agency's actual
costs were validated; and
(G) for public housing agencies that have
experienced increased costs or loss of units in an area
for which the President declared a disaster under title
IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under
section 8, relocation of witnesses (including victims of
violent crimes) in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That of
the amounts made available under this paragraph, no less than
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $2,777,612,000 shall be available for administrative
and other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional funds
to administer their section 8 programs, including fees
associated with section 8 tenant protection rental assistance,
the administration of disaster related vouchers, HUD-VASH
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $2,747,612,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2023 funding cycle based on
section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of
the Quality Housing and Work Responsibility Act of 1998 (Public
Law 105-276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the preceding proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $606,500,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided,
That administrative and other expenses of public housing
agencies in administering the special purpose vouchers in this
paragraph shall be funded under the same terms and be subject
to the same pro rata reduction as the percent decrease for
administrative and other expenses to public housing agencies
under paragraph (3) of this heading: Provided further, That up
to $10,000,000 shall be available only--
(A) for adjustments in the allocation for public
housing agencies, after applications for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in Mainstream renewal costs resulting from unforeseen
circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result
of insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary: Provided further, That upon turnover, section 811
special purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That such assistance shall be administered in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after
the HUD-VASH program: Provided further, That the Secretary
shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall
report to the Secretary on utilization of such rental
assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD-VASH program under
prior Acts to existing recipients under the Tribal HUD-VASH
program;
(6) $50,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with
eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as
specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over: Provided further, That of
the total amount made available under this paragraph, up to
$10,000,000 may be for additional fees established by and
allocated pursuant to a method determined by the Secretary for
administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
security deposit assistance and costs related to the retention
and support of participating owners) of public housing agencies
in administering HUD-VASH vouchers;
(7) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be available for new
incremental voucher assistance: Provided, That the
assistance made available under this subparagraph shall
continue to remain available for family unification
upon turnover; and
(B) $25,000,000 shall be available for new
incremental voucher assistance to assist eligible youth
as defined by such section 8(x)(2)(B) of the Act:
Provided, That assistance made available under this
subparagraph shall continue to remain available for
such eligible youth upon turnover: Provided further,
That of the total amount made available under this
subparagraph, up to $15,000,000 shall be available on a
noncompetitive basis to public housing agencies that
partner with public child welfare agencies to identify
such eligible youth, that request such assistance to
timely assist such eligible youth, and that meet any
other criteria as specified by the Secretary: Provided
further, That the Secretary shall review utilization of
the assistance made available under the preceding
proviso, at an interval to be determined by the
Secretary, and unutilized voucher assistance that is no
longer needed shall be recaptured by the Secretary and
reallocated pursuant to the preceding proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program, or made available and
competitively selected under this paragraph, that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $50,000,000 shall be available for new incremental
voucher assistance under section 8(o) of the Act to be
allocated pursuant to a method, as determined by the Secretary,
which may include a formula that may include such factors as
severe cost burden, overcrowding, substandard housing for very
low-income renters, homelessness, and administrative capacity,
where such allocation method shall include both rural and urban
areas: Provided, That the Secretary may specify additional
terms and conditions to ensure that public housing agencies
provide vouchers for use by survivors of domestic violence, or
individuals and families who are homeless, as defined in
section 103(a) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a)), or at risk of homelessness, as defined in
section 401(1) of such Act (42 U.S.C. 11360(1)); and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2023 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2023 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,514,000,000, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $5,109,000,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2023 payments;
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation in
section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2023 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act;
(4) $50,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs, including
safety and security measures necessary to address crime and
drug-related activity, as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2023, of which $20,000,000 shall be available for public
housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor:
Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2024, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $65,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments, abatement,
and interim controls, as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon, and
fire safety: Provided, That not less than $25,000,000 of the
amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards: Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects or
activities under title I of the Act for purposes of section 26
of the Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section: Provided further, That
amounts made available under this paragraph shall be combined
with amounts made available under the sixth paragraph under
this heading in the Consolidated Appropriations Act, 2021
(Public Law 116-260) and shall be used in accordance with the
purposes and requirements under this paragraph;
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title; and
(7) $50,000,000 shall be available to support ongoing
public housing financial and physical assessment activities:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2023, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income neighborhoods with
appropriate services, schools, public assets, transportation, and
access to jobs, $350,000,000, to remain available until September 30,
2027: Provided, That grant funds may be used for resident and
community services, community development, and affordable housing needs
in the community, and for conversion of vacant or foreclosed properties
to affordable housing: Provided further, That not more than 20 percent
of the amount of any grant made with amounts made available under this
heading may be used for necessary supportive services notwithstanding
subsection (d)(1)(L) of such section 24: Provided further, That the
use of amounts made available under this heading shall not be deemed to
be for public housing, notwithstanding section 3(b)(1) of such Act:
Provided further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That grantees shall provide a match in State, local,
other Federal, or private funds: Provided further, That grantees may
include local governments, Tribal entities, public housing agencies,
and nonprofit organizations: Provided further, That for-profit
developers may apply jointly with a public entity: Provided further,
That for purposes of environmental review, a grantee shall be treated
as a public housing agency under section 26 of the United States
Housing Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the regulations issued
by the Secretary to implement such section: Provided further, That of
the amounts made available under this heading, not less than
$175,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations, including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That not more than $10,000,000 of the amounts made
available under this heading may be provided as grants to undertake
comprehensive local planning with input from residents and the
community: Provided further, That unobligated balances, including
recaptures, remaining from amounts made available under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall make grant
awards not later than 1 year after the date of enactment of this Act in
such amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2023,
obligate any available unobligated balances made available under this
heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2026, $175,000,000: Provided,
That of the sums appropriated under this heading--
(1) $125,000,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing Act
of 1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections 8
and 9 of such Act with public and private resources, and enable
eligible families to achieve economic independence and self-
sufficiency;
(2) $35,000,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided, That amounts made available
under this paragraph may be used to renew Resident Opportunity
and Self-Sufficiency program grants to allow the public housing
agency, or a new owner, to continue to serve (or restart
service to) residents of a project with assistance converted
from public housing to project-based rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or assistance under section 8(o)(13) of such Act under
the heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development Appropriations Act,
2012 (Public Law 112-55), as amended (42 U.S.C. 1437f note);
and
(3) $15,000,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between public
housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus Initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
(including rescission)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and related training and technical
assistance, $1,020,000,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading--
(1) $787,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided, That, notwithstanding NAHASDA, to determine
the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary shall
notify grantees of their formula allocation not later than 60
days after the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider need
and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That a grant funded pursuant to
this paragraph shall be in an amount not greater than
$7,500,000: Provided further, That any amounts transferred for
the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in prior
Acts may also be used for the necessary costs of administering
and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the cost
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a): Provided further, That amounts made available
in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including
recaptures and carryover, shall be available to subsidize the
total principal amount of any notes and other obligations, any
part of which is to be guaranteed, not to exceed $50,000,000,
to remain available until September 30, 2024: Provided
further, That any remaining loan guarantee limitation
authorized for this program in fiscal year 2020 or prior fiscal
years is hereby rescinded;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development Block
Grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), not more than $5,000,000
may be used for emergencies that constitute imminent threats to
health and safety: Provided, That not to exceed 20 percent of
any grant made with amounts made available in this paragraph
shall be expended for planning and management development and
administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
(including rescission)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,521,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available in this
and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, shall be available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $1,400,000,000, to
remain available until September 30, 2024: Provided further, That any
remaining loan guarantee limitation authorized under this heading in
fiscal year 2020 or prior fiscal years is hereby rescinded: Provided
further, That any amounts determined by the Secretary to be unavailable
are hereby returned to the General Fund of the Treasury.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2027: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up
to $1,000,000 of the amounts made available under this heading shall be
for training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal, to remain available until
September 30, 2024: Provided, That the Secretary may enter into
commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $499,000,000, to remain available until September 30,
2024, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2025: Provided,
That the Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this heading in
fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $6,397,285,641, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided,
That not to exceed 20 percent of any grant made with funds made
available under this paragraph shall be expended for planning
and management development and administration: Provided
further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or
indirectly receives funds under this paragraph may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits, or non-Federal considerations, but shall use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this paragraph may be
provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2) of section 105;
(2) $85,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation:
Provided, That eligible uses of such grants include activities
to further develop, evaluate, and implement housing policy
plans, improve housing strategies, and facilitate affordable
housing production and preservation: Provided further, That
the Secretary shall prioritize applicants that are able to (A)
demonstrate progress and a commitment to overcoming local
barriers to facilitate the increase in affordable housing
production and preservation; and (B) demonstrate an acute
demand for housing affordable to households with incomes below
100 percent of the area median income: Provided further, That
funds allocated for such grants shall not adversely affect the
amount of any formula assistance received by a jurisdiction
under paragraph (1) of this heading: Provided further, That in
administering such amounts the Secretary may waive or specify
alternative requirements for any provision of such title I
except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and
requirements that activities benefit persons of low- and
moderate-income, upon a finding that any such waivers or
alternative requirements are necessary to expedite or
facilitate the use of such amounts;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely affect
the amount of any formula assistance received by a State under
paragraph (1) of this heading: Provided further, That the
Secretary shall allocate the funds for such activities based on
the notice establishing the funding formula published in 84 FR
16027 (April 17, 2019) except that the formula shall use age-
adjusted rates of drug overdose deaths for 2020 based on data
from the Centers for Disease Control and Prevention; and
(4) $2,982,285,641 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That eligible expenses of such grants may include
administrative, planning, operations and maintenance, and other
costs: Provided further, That such grants for the EDI shall be
available for reimbursement of otherwise eligible expenses
incurred on or after the date of enactment of this Act and
prior to the date of grant execution: Provided further, That
none of the amounts made available under this paragraph for
grants for the EDI shall be used for reimbursement of expenses
incurred prior to the date of enactment of this Act: Provided
further, That grants for the EDI authorized under this heading
in the Department of Housing and Urban Development
Appropriations Act, 2022 (Public Law 117-103) shall also be
available for reimbursement of otherwise eligible expenses
(including those eligible expenses identified in the first
proviso of this paragraph) incurred on or after the date of
enactment of such Act and prior to the date of grant execution,
and shall not be subject to the second proviso under such
heading in such Act:
Provided further, That for amounts made available under paragraphs
(1) and (3), the Secretary shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2023, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available
until September 30, 2026: Provided, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2016 through 2025 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2018 through 2025 under that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$225,000,000, to remain available until September 30, 2027: Provided,
That recipients of grants provided with amounts made available under
this heading shall be States, units of general local government,
resident-owned manufactured housing communities, cooperatives,
nonprofit entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes (as such term is
defined in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4103)), or other
entities approved by the Secretary: Provided further, That the
Secretary may reserve an amount for Indian Tribes within such
competition: Provided further, That the Secretary may approve entities
for selection that partner with one or several residents of such
eligible communities or that propose to implement a grant program that
would assist residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure, planning,
resident and community services (including relocation assistance and
eviction prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes, which may
include providing assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by the
Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or
communities: Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term housing
affordability for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible manufactured
housing communities may include those that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That, of the amounts made available under this
heading, $25,000,000 shall be for a pilot program for the Secretary to
provide grants to assist in the redevelopment of manufactured housing
communities (including pre-1976 mobile homes) as replacement housing
that is affordable, as defined by the Secretary: Provided further,
That each such redevelopment project shall provide, for each unit of
single-family manufactured housing (including pre-1976 mobile homes)
replaced under the project, up to 4 dwelling units of such affordable
housing: Provided further, That the Secretary shall define eligible
activities for grant assistance under the pilot program, which may
include relocation assistance or buy-outs for residents of a
manufactured housing community or downpayment assistance for such
residents: Provided further, That the Secretary shall require each
grantee under the pilot program to supplement the amount of the grant
with non-Federal amounts exceeding 50 percent of the grant: Provided
further, That resiliency activities means the reconstruction, repair,
or replacement of manufactured housing and manufactured housing
communities to protect the health and safety of manufactured housing
residents and to address weatherization and energy efficiency needs,
except that for pre-1976 mobile homes, funds made available under this
heading may be used only for replacement: Provided further, That the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this heading
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
or alternative requirement is necessary to facilitate the use of such
amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $62,500,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated under this
heading--
(1) $13,500,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be for rural capacity
building activities: Provided, That for purposes of awarding
grants from amounts made available in this paragraph, the
Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations;
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities; and
(4) $1,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (38 U.S.C. 2101 note): Provided, That
the issuance of a Notice of Funding Opportunity for the amounts
made available in this paragraph shall be completed not later
than 120 days after enactment of this Act and such amounts
shall be awarded not later than 180 days after such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $3,633,000,000, to remain available until September 30,
2025: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) $3,154,000,000 shall be available for the Continuum of
Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to provide
permanent supportive housing and rapid re-housing services:
Provided further, That the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in sections 402(f)(1) and 402(f)(2)
of subtitle A of such title IV or no more than 5 percent or
$50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C: Provided
further, That of the amounts made available for the Continuum
of Care program under this paragraph, not less than $52,000,000
shall be for grants for new rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided
further, That amounts made available for the Continuum of Care
program under this paragraph and any remaining unobligated
balances under this heading in prior Acts may be used to
competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum of
Care program, notwithstanding any conflict with the
requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301-6308), the amounts made available under
this paragraph and any remaining unobligated balances under
this heading for such purposes in prior Acts may be used by the
Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide technical
assistance to communities, including but not limited to the
communities assisted in the preceding proviso and the matter
preceding such proviso, on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance
providers with verifiable prior experience with systems and
programs for youth experiencing homelessness; and
(5) $75,000,000 shall be available for one-time awards
under the Continuum of Care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may
be used for other Continuum of Care eligible activities
associated with such projects and not more than 10 percent of
such awards may be used for project administration: Provided,
That these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the
Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$30,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if
such amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for projects in any State:
Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the
Continuum of Care program subject to the same terms and
conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$13,537,580,000, to remain available until expended, shall be available
on October 1, 2022 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2022),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2023: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $343,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $1,075,000,000 to remain
available until September 30, 2026: Provided, That of the amount made
available under this heading, up to $120,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated: Provided further, That of the total amount made
available under this heading, up to $25,000,000 shall be used to expand
the supply of intergenerational dwelling units (as such term is defined
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for
elderly caregivers raising children: Provided further, That for the
purposes of the preceding proviso the Secretary may waive, or specify
alternative requirements for, any provision of section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the
development of such units, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available under this
heading, up to $6,000,000 shall be used by the Secretary to support
preservation transactions of housing for the elderly originally
developed with a capital advance and assisted by a project rental
assistance contract under the provisions of section 202(c) of the
Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 5-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $360,000,000, to remain available until
September 30, 2026: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available in
addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2024, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2023
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2024: Provided, That during
fiscal year 2023, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2024: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2023, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2023 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $35,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2024: Provided,
That during fiscal year 2023, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until
September 30, 2024: Provided, That $40,400,000, to remain available
until September 30, 2024, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2023, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $125,400,000, to remain available
until September 30, 2024: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2025, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute resolution)
at no cost to eligible low-income tenants at risk of or subject to
eviction: Provided further, That in awarding grants under the
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance: Provided further, That the Secretary shall ensure, to
the extent practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant funds made
available under this heading is not less than the overall proportion of
eligible tenants who live in rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $86,355,000, to remain
available until September 30, 2024: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,355,000 shall be available to the
Secretary for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), the Healthy Homes Initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$410,000,000, to remain available until September 30, 2025: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $95,000,000 shall
be provided to areas with the highest lead-based paint
abatement needs;
(2) $85,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the implementation of
projects in up to five communities that are served by
both the Healthy Homes Initiative and the Department of
Energy weatherization programs to demonstrate whether
the coordination of Healthy Homes remediation
activities with weatherization activities achieves cost
savings and better outcomes in improving the safety and
quality of homes; and
(B) $30,000,000 shall be for grants to experienced
non-profit organizations, States, local governments, or
public housing agencies for safety and functional home
modification repairs and renovations to meet the needs
of low-income seniors to enable them to remain in their
primary residence: Provided, That of the total amount
made available under this subparagraph no less than
$10,000,000 shall be available to meet such needs in
communities with substantial rural populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements;
(5) $25,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead
hazard screenings or lead-risk assessments during housing
quality standards inspections of units in which a family
receiving assistance under section 8(o) of the U.S. Housing Act
of 1937 (42 U.S.C. 1437f(o)) resides or expects to reside, and
has or expects to have a child under age 6 residing in the
unit, while preserving rental housing availability and
affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the radon
demonstration shall be as specified by applicable State or
local law, if such law is more protective of human health or
the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under this
heading, except for amounts in paragraph (2)(B) for home modification
repairs and renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $374,750,000, to remain available until
September 30, 2025, of which up to $23,950,000 shall be for
development, modernization, and enhancement projects, including
planning for such projects: Provided, That not more than 10 percent of
the funds made available under this heading for development,
modernization, and enhancement may be obligated until the Secretary
submits and the House and Senate Committees on Appropriations approve a
plan that--
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances,
including carryover--
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance capabilities to
be delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the project
end date, including any identified system
decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of
HUD staff and contractors supporting the project; and
(E) certification from the Chief Information
Officer that each project is compliant with the
Department's enterprise architecture, life-cycle
management and capital planning and investment control
requirements:
Provided further, That not later than 30 days after the end of each
quarter, the Secretary shall submit an updated report to the Committees
on Appropriations of the House of Representatives and the Senate
summarizing the status, cost and plan for all modernization projects;
and for each major modernization project with an approved project plan,
identifying--
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including
procurement), or functionality from the previously approved
project plan, reasons for such variances and estimated impact
on total life-cycle costs; and
(3) risks and mitigation strategies associated with ongoing
work.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$146,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
during fiscal year 2023 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2023 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2023 and
2024, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements for
community integration and reduced concentration of individuals
with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2023, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2023, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding opportunity (NOFO) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2023, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 59 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of less than
60 or have received an unsatisfactory management and occupancy review
within the past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2023.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2023 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 229. None of the amounts made available in this Act may be
used to consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs receiving
Family Self-Sufficiency program coordinator funding provided in this
Act.
Sec. 230. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 231. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 232. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 233. Funds previously made available in the Consolidated
Appropriations Act, 2016 (Public Law 114-113) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2018 are to remain available through fiscal year 2024 for
the liquidation of valid obligations incurred in fiscal years 2016
through 2018.
Sec. 234. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 235. For fiscal year 2023, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have received
for a formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula
allocation cycles.
Sec. 236. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(a) in section 515, by adding at the end the following new
subsection:
``(d) Rent Adjustments and Subsequent Renewals.--After the initial
renewal of a section 8 contract pursuant to this section and
notwithstanding any other provision of law or contract regarding the
adjustment of rents or subsequent renewal of such contract for a
project, including such a provision in section 514 or this section, in
the case of a project subject to any restrictions imposed pursuant to
sections 514 or this section, the Secretary may, not more often than
once every 10 years, adjust such rents or renew such contracts at rent
levels that are equal to the lesser of budget-based rents or comparable
market rents for the market area upon the request of an owner or
purchaser who--
``(1) demonstrates that--
``(A) project income is insufficient to operate and
maintain the project, and no rehabilitation is
currently needed, as determined by the Secretary; or
``(B) the rent adjustment or renewal contract is
necessary to support commercially reasonable financing
(including any required debt service coverage and
replacement reserve) for rehabilitation necessary to
ensure the long-term sustainability of the project, as
determined by the Secretary, and in the event the owner
or purchaser fails to implement the rehabilitation as
required by the Secretary, the Secretary may take such
action against the owner or purchaser as allowed by
law; and
``(2) agrees to--
``(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty
years; and
``(B) enter into a binding commitment to continue
to renew such contract for and during such extended
term, provided that after the affordability and use
restrictions required under 514(e)(6) have been
maintained for a term of 30 years:
``(i) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(2) shall request
that the Secretary renew such contract under
section 524 for and during such extended term;
and
``(ii) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(1) may request
that the Secretary renew such contract under
section 524 for and during such extended
term.''; and
(b) in section 579, by striking ``October 1, 2022'' each place it
appears and inserting in lieu thereof ``October 1, 2027''.
Sec. 237. The Secretary may transfer from amounts made available
for salaries and expenses under this title (excluding amounts made
available under the heading ``Office of Inspector General'') up to
$500,000 from each office to the heading ``Information Technology
Fund'' for information technology needs, including for additional
development, modernization, and enhancement, to remain available until
September 30, 2025: Provided, That the total amount of such transfers
shall not exceed $5,000,000: Provided further, That this transfer
authority shall not be used to fund information technology projects or
activities that have known out-year development, modernization, or
enhancement costs in excess of $500,000: Provided further, That the
Secretary shall provide notification to the House and Senate Committees
on Appropriations no less than three business days in advance of any
such transfer.
Sec. 238. Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for ``Lead Hazard
Reduction'' that were available for obligation through fiscal year 2020
are to remain available through fiscal year 2027 for the liquidation of
valid obligations incurred in fiscal years 2019 through 2020.
Sec. 239. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract.
Sec. 240. None of the funds appropriated or otherwise made
available in this or prior Acts may be used by the Department to carry
out customer experience activities within the Office of the Assistant
Chief Financial Officer for Budget.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,850,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $38,260,000, of which $2,000,000
shall remain available until September 30, 2024: Provided, That not to
exceed $3,500 shall be for official reception and representation
expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $27,935,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2024,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2024 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $129,300,000, of
which not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $166,000,000:
Provided, That an additional $4,000,000, to remain available until
September 30, 2026, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $41,429,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2023, to result in a final appropriation from the general
fund estimated at not more than $40,179,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,000,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2023, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations:
Provided, That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House
and Senate Committee on Appropriations, or in the
budget appendix for the respective appropriations,
whichever is more detailed, and shall apply to all
items for which a dollar amount is specified and to all
programs for which new budget (obligational) authority
is provided, as well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 419. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
Sec. 420. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available until expended for the liquidation of
valid obligations incurred in fiscal years 2013 through 2017.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 421. In the table of projects in the explanatory statement
referenced in section 417 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022 (division L
of Public Law 117-103)--
(1) the item relating to ``Greensboro Judy Center Early
Learning Hub Facility'' is deemed to be amended by striking
``Greensboro Judy Center Early Learning Hub Facility'' and
inserting ``Building maintenance for Greensboro Judy Center
Early Learning Hub Facility'';
(2) the item relating to ``Constructing commercial kitchen
to increase access to healthy food'' is deemed to be amended by
striking recipient ``Cross Street Partners'' and inserting
``The Good Stuff'';
(3) the item relating to ``Covenant House PA Transition
Housing'' is deemed to be amended by striking recipient
``Covenant House Pennsylvania'' and inserting ``Covenant House
Pennsylvania Under 21'';
(4) the item relating to ``Long Island Greenway'' is deemed
to be amended by striking ``Long Island Greenway'' and
inserting ``For the planning and design of the Long Island
Greenway'';
(5) the item relating to ``Acquisition of property for
permanent Veterans' homeless shelter'' is deemed to be amended
by striking ``Acquisition of property for permanent Veterans'
homeless shelter'' and inserting ``Acquisition or
rehabilitation of property for permanent veterans' homeless
shelter'';
(6) the item relating to ``Gourdy Ampitheater Project'' is
deemed to be amended by striking ``Gourdy Ampitheater Project''
and inserting ``Goudy Park'';
(7) the item relating to ``Community Bike Works: Easton''
is deemed to be amended by striking ``Easton'' and inserting
``Easton and Allentown'';
(8) the item relating to ``Barrington Town Offices and
Emergency Operations Center Construction'' is deemed to be
amended by striking ``Barrington Town Offices and Emergency
Operations Center Construction'' and inserting ``For activities
of the Town of Barrington'';
(9) the item relating to ``Holladay Community Center Public
Facility'' is deemed to be amended by striking recipient
``Housing Authority of Salt Lake City (HASLC)'' and inserting
``Salt Lake County'';
(10) the item relating to ``Somersworth Fire Training
Tower'' is deemed to be amended by striking ``Tower'' and
inserting ``and Equipment'';
(11) the item relating to ``Generator and structure to
house generator for Guma Esperansa'' is deemed to be amended by
striking ``Generator and structure to house generator for Guma
Esperansa'' and inserting ``For the installation and ongoing
maintenance of the generator and its structure at Guma
Esperansa'';
(12) the item relating to ``Facility Improvements'' is
deemed to be amended by striking recipient ``Sterling House
Community Center Inc.'' and inserting ``Town of Stratford'';
(13) the item relating to ``Stateline Boys & Girls Club--
Beloit, WI Facility Construction'' is deemed to be amended by
striking ``Facility Construction'';
(14) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to be
amended by striking recipient ``Will County Development
Corporation'' and inserting ``Will County Housing Development
Corporation'';
(15) the item relating to ``Bluefield Historic District
Restoration'' is deemed to be amended by striking ``Historic
District''; and
(16) the item relating to ``Port of West Virginia Railroad
Bridge Improvements'' is deemed to be amended by striking
``Bridge''.
Sec. 422. None of the funds made available to the Department of
Housing and Urban Development in this or prior Acts may be used to
issue a solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled ``Housing
Assistance Payments (HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 423. Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat.
598; 133 Stat. 3018) is amended by striking the seventh, eighth, and
ninth sentences.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2023''.
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II Grants'',
$50,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For an additional amount for ``McGovern-Dole Food for Education and
Child Nutrition Program Grants'', $5,000,000, to remain available until
expended.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$54,252,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,386,000, to remain available until September 30, 2023, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
to remain available until September 30, 2023, $1,400,000, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$31,028,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space Force'',
$3,663,000, to remain available until September 30, 2023, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$3,020,741,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$871,410,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $14,620,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $580,266,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $8,742,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $21,160,737,000, to remain available until September 30, 2023,
to respond to the situation in Ukraine and for related expenses:
Provided, That of the total amount provided under this heading in this
Act, $9,000,000,000, to remain available until September 30, 2024,
shall be for the Ukraine Security Assistance Initiative: Provided
further, That such funds for the Ukraine Security Assistance Initiative
shall be available to the Secretary of Defense under the same terms and
conditions as are provided for in section 8110 of the Department of
Defense Appropriations Act, 2023: Provided further, That the Secretary
of Defense may accept and retain contributions, including money,
personal property, and services, from foreign governments and other
entities, to carry out assistance authorized for the Ukraine Security
Assistance Initiative under this heading in this Act: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That contributions of money for the purposes provided herein from any
foreign government or other entity may be credited to this account, to
remain available until September 30, 2024, and used for such purposes:
Provided further, That of the total amount provided under this heading
in this Act, up to $11,880,000,000, to remain available until September
30, 2024, may be transferred to accounts under the headings ``Operation
and Maintenance'' and ``Procurement'' for replacement of defense
articles from the stocks of the Department of Defense, and for
reimbursement for defense services of the Department of Defense and
military education and training, provided to the Government of Ukraine
or to foreign countries that have provided support to Ukraine at the
request of the United States: Provided further, That funds transferred
pursuant to the preceding proviso shall be merged with and available
for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees of the details of such transfers not less than 15 days
before any such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back and merged with this appropriation: Provided further,
That the transfer authority provided herein is in addition to any other
transfer authority provided by law.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$354,000,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine and for related expenses.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$687,000,000, to remain available until September 30, 2025, for
expansion of public and private plants, including the land necessary
therefor, and procurement and installation of equipment appliances, and
machine tools in such plants, for the purpose of increasing production
of critical munitions to replace defense articles provided to the
Government of Ukraine or foreign countries that have provided support
to Ukraine at the request of the United States.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,000,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$730,045,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine and for related expenses.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$3,326,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $5,800,000, to remain available until September 30,
2024, to respond to the situation in Ukraine and for related expenses.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $38,500,000, to remain available until September
30, 2024, to respond to the situation in Ukraine and for related
expenses.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $185,142,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and for
related expenses.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $89,515,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and for
related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$14,100,000, to remain available until September 30, 2023, which shall
be for operation and maintenance, to respond to the situation in
Ukraine and for related expenses.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$6,000,000, to remain available until September 30, 2023, which shall
be for operation and maintenance, to carry out reviews of the
activities of the Department of Defense to execute funds appropriated
in this title, including assistance provided to Ukraine: Provided,
That the Inspector General of the Department of Defense shall provide
to the congressional defense committees a briefing not later than 90
days after the date of enactment of this Act.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $75,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Not later than 45 days after the date of enactment of
this Act, the Secretary of Defense, in coordination with the Secretary
of State, shall submit a report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate on measures being taken to account for United States
defense articles designated for Ukraine since the February 24, 2022,
Russian invasion of Ukraine, particularly measures with regard to such
articles that require enhanced end-use monitoring; measures to ensure
that such articles reach their intended recipients and are used for
their intended purposes; and any other measures to promote
accountability for the use of such articles: Provided, That such
report shall include a description of any occurrences of articles not
reaching their intended recipients or used for their intended purposes
and a description of any remedies taken: Provided further, That such
report shall be submitted in unclassified form, but may be accompanied
by a classified annex.
Sec. 1202. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2024, the
Secretary of Defense, in coordination with the Secretary of State,
shall provide a written report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate describing United States security assistance provided to
Ukraine since the February 24, 2022, Russian invasion of Ukraine,
including a comprehensive list of the defense articles and services
provided to Ukraine and the associated authority and funding used to
provide such articles and services: Provided, That such report shall
be submitted in unclassified form, but may be accompanied by a
classified annex.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Nuclear Energy
For an additional amount for ``Nuclear Energy'', $300,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $100,000,000 shall be for Advanced
Nuclear Fuel Availability: Provided further, That of the amount
provided under this heading in this Act, $60,000,000 shall be to carry
out the demonstrations of the Advanced Reactor Demonstration Program:
Provided further, That of the amount provided under this heading in
this Act, $20,000,000 shall be to carry about activities for the
National Reactor Innovation Center: Provided further, That of the
amount provided under this heading in this Act, $120,000,000 shall be
to carry about activities for the Risk Reduction for Future
Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$126,300,000, to remain available until expended, to respond to the
situation in Ukraine and for related expenses.
GENERAL PROVISION--THIS TITLE
Sec. 1301. (a) Of the unobligated balances from amounts deposited
in the SPR Petroleum Account pursuant to section 167(b)(3) of the
Energy Policy and Conservation Act (42 U.S.C. 6247(b)(3)),
$10,395,000,000 is hereby permanently rescinded not later than
September 30, 2023.
(b) Section 403(a) of the Bipartisan Budget Act of 2015 (Public Law
114-74) is amended by adding ``and'' after the semicolon in paragraph
(5), striking the semicolon in paragraph (6) and inserting a period,
and striking paragraphs (7) and (8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114-94) is
amended by adding ``and'' after the semicolon in subparagraph (A),
striking the semicolon in subparagraph (B) and inserting a period, and
striking subparagraphs (C) and (D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018
(Public Law 115-123) is amended by striking the word ``Reserve'' and
everything that follows and adding the following: ``Reserve 30,000,000
barrels of crude oil during the period of fiscal years 2022 through
2027.''.
TITLE IV
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council and Homeland Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until expended, for necessary expenses of the
National Security Council.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$2,400,000,000, to remain available until September 30, 2024:
Provided, That amounts made available under this heading in this Act
may be used for grants or contracts with qualified organizations,
including nonprofit entities, to provide culturally and linguistically
appropriate services, including wraparound services, housing
assistance, medical assistance, legal assistance, and case management
assistance: Provided further, That amounts made available under this
heading in this Act may be used by the Director of the Office of
Refugee Resettlement (Director) to issue awards or supplement awards
previously made by the Director: Provided further, That the Director,
in carrying out section 412(c)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available under this
heading in this Act, may allocate such amounts among the States in a
manner that accounts for the most current data available.
GENERAL PROVISION--THIS TITLE
Sec. 1501. Subsection (a)(1)(A) of section 2502 of the Afghanistan
Supplemental Appropriations Act, 2022 (division C of Public Law 117-43)
is amended by striking ``September 30, 2022'' and inserting ``September
30, 2023''.
TITLE VI
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $7,500,000,
to remain available until expended, for oversight of the amounts
provided in division N of Public Law 117-103, Public Law 117-128,
division B of Public Law 117-180, and this Act.
TITLE VII
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $147,054,000,
to remain available until September 30, 2024, of which not less than
$60,000,000 shall be made available to respond to the situation in
Ukraine and in countries impacted by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$5,500,000, to remain available until September 30, 2024.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $5,000,000, to
remain available until September 30, 2024, to respond to the situation
in Ukraine and in countries impacted by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$8,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$937,902,000, to remain available until expended, of which not less
than $300,000,000 shall be made available to respond to humanitarian
needs in Ukraine and in countries impacted by the situation in Ukraine,
including the provision of emergency food and shelter, and for
assistance for other vulnerable populations and communities, including
through local and international nongovernmental organizations.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$50,000,000, to remain available until expended, for assistance for
Ukraine and countries impacted by the situation in Ukraine.
economic support fund
For an additional amount for ``Economic Support Fund'',
$12,966,500,000 to remain available until September 30, 2024, for
assistance for Ukraine and countries impacted by the situation in
Ukraine, which may include budget support: Provided, That funds
appropriated under this heading in this Act may be made available
notwithstanding any other provision of law that restricts assistance to
foreign countries and may be made available as contributions.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $350,000,000, to remain available until September 30,
2024, for assistance and related programs for Ukraine and other
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c)).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,535,048,000, to remain available until expended, of which not less
than $620,000,000 shall be made available to address humanitarian needs
in, and to assist refugees from, Ukraine, and for additional support
for other vulnerable populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $374,996,000, to remain available until September
30, 2024, of which not less than $300,000,000 shall be for assistance
for Ukraine and countries impacted by the situation in Ukraine.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $105,000,000, to remain available
until September 30, 2024, for assistance for Ukraine and countries
impacted by the situation in Ukraine.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $80,000,000, to remain available until September 30, 2024:
Provided, That such funds may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974, of
direct loans and loan guarantees, if otherwise authorized by any
provision of law: Provided further, That such costs may include the
costs of selling, reducing, or cancelling any amounts owed to the
United States or any agency of the United States: Provided further,
That the gross principal balance of such direct loans shall not exceed
$2,000,000,000, and the gross principal balance of guaranteed loans
shall not exceed $2,000,000,000: Provided further, That the Secretary
of State may use amounts charged to the borrower as origination fees to
pay for the cost of such loans.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 1701. During fiscal year 2023, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied
by substituting ``$14,500,000,000'' for ``$100,000,000''.
Sec. 1702. During fiscal year 2023, section 506(a)(2)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
applied by substituting ``$400,000,000'' for ``$200,000,000'' and by
substituting ``$150,000,000'' for ``$75,000,000'' in clause (i).
Sec. 1703. During fiscal year 2023, section 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
by substituting ``$50,000,000'' for ``$25,000,000''.
Sec. 1704. (a) Funds appropriated by this title under the heading
``Diplomatic Programs'' may be transferred to, and merged with, funds
available under the heading ``Capital Investment Fund'' to respond to
the situation in Ukraine and in countries impacted by the situation in
Ukraine.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this title under such headings to respond to humanitarian needs in
Ukraine and in countries impacted by the situation in Ukraine and for
assistance for other vulnerable populations and communities.
(c) Funds appropriated by this title under the heading ``Economic
Support Fund'' may be transferred to, and merged with, funds available
under the headings ``United States International Development Finance
Corporation--Corporate Capital Account'', ``United States International
Development Finance Corporation--Program Account'', ``Export-Import
Bank of the United States--Program Account'', and ``Trade and
Development Agency'' to respond to the situation in Ukraine and in
countries impacted by the situation in Ukraine.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'' may be transferred to, and
merged with, funds appropriated by this title under such headings to
respond to the situation in Ukraine and in countries impacted by the
situation in Ukraine.
(e) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(f) The exercise of the transfer authorities provided by this
section shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(g) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
Sec. 1705. (a) Funds appropriated by this title may be made
available for direct financial support for the Government of Ukraine,
including for Ukrainian first responders, and may be made available as
a cash transfer subject to the requirements of subsection (b):
Provided, That such funds shall be provided on a reimbursable basis and
matched by sources other than the United States Government, to the
maximum extent practicable: Provided further, That the Secretary of
State or the Administrator of the United States Agency for
International Development, as appropriate, shall ensure third-party
monitoring of such funds: Provided further, That at least 15 days
prior to the initial obligation of such funds, the Secretary of State,
following consultation with the Administrator of the United States
Agency for International Development, shall certify and report to the
appropriate congressional committees that mechanisms for monitoring and
oversight of such funds are in place and functioning and that the
Government of Ukraine has in place substantial safeguards to prevent
corruption and ensure accountability of such funds: Provided further,
That not less than 45 days after the initial obligation of such funds,
the Inspectors General of the Department of State and the United States
Agency for International Development shall submit a report to the
appropriate congressional committees detailing and assessing the
mechanisms for monitoring and safeguards described in the previous
proviso.
(b) Funds made available to the Government of Ukraine as a cash
transfer under subsection (a) shall be subject to a memorandum of
understanding between the governments of the United States and Ukraine
that describes how the funds proposed to be made available will be used
and the appropriate safeguards to ensure transparency and
accountability: Provided, That such assistance shall be maintained in
a separate, auditable account and may not be commingled with any other
funds.
(c) The Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate, shall
report to the appropriate congressional committees on the uses of funds
provided for direct financial support to the Government of Ukraine
pursuant to subsection (a) not later than 45 days after the date of
enactment of this Act and every 45 days thereafter until all such funds
have been expended: Provided, That such reports shall include a
detailed description of the use of such funds, including categories and
amounts, the intended results and the results achieved, a summary of
other donor contributions, and a description of the efforts undertaken
by the Secretary and Administrator to increase other donor
contributions for direct financial support: Provided further, That
such reports shall also include the metrics established to measure such
results.
Sec. 1706. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``Operating Expenses'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'' shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided, That notifications submitted pursuant to this section shall
include for each program notified--(1) total funding made available for
such program, by account and fiscal year; (2) funding that remains
unobligated for such program; (3) funding that is obligated but
unexpended for such program; and (4) funding committed, but not yet
notified for such program.
Sec. 1707. Funds appropriated by this title for the Inspectors
General of the Department of State and United States Agency for
International Development are in addition to funds otherwise provided
for such Inspectors General for fiscal year 2023 and are made available
to provide oversight of funds appropriated by this title and funds
appropriated in title VI of division N of Public Law 117-103, title V
of Public Law 117-128, and title III of division B of Public Law 117-
180: Provided, That the Inspectors General shall coordinate with the
Inspectors General of the Department of Defense and Inspectors General
of other relevant Federal agencies in conducting such oversight:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Inspectors General shall provide a report on
oversight plans and initial findings to the appropriate congressional
committees.
Sec. 1708. (a) The Attorney General may transfer to the Secretary
of State the proceeds of any covered forfeited property for use by the
Secretary of State to provide assistance to Ukraine to remediate the
harms of Russian aggression towards Ukraine. Any such transfer shall be
considered foreign assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), including for purposes of making available
the administrative authorities and implementing the reporting
requirements contained in that Act.
(b) Not later than 15 days after any transfers made pursuant to
subsection (a), the Attorney General, in consultation with the
Secretary of the Treasury and the Secretary of State, shall submit a
report describing such transfers to the appropriate congressional
committees.
(c) In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Financial Services of the
House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) The term ``covered forfeited property'' means property
forfeited under chapter 46 or section 1963 of title 18, United
States Code, which property belonged to, was possessed by, or
was controlled by a person subject to sanctions and designated
by the Secretary of the Treasury or the Secretary of State, or
which property was involved in an act in violation of sanctions
enacted pursuant to Executive Order 14024, and as expanded by
Executive Order 14066 of March 8, 2022, and relied on for
additional steps taken in Executive Order 14039 of August 20,
2021, and Executive Order 14068 of March 11, 2022.
(d) The authority under this section shall apply to any covered
forfeited property forfeited on or before May 1, 2025.
TITLE VIII
GENERAL PROVISIONS--THIS ACT
Sec. 1801. Funds appropriated by this Act for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 1802. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1803. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1804. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 1805. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This division may be cited as the ``Additional Ukraine Supplemental
Appropriations Act, 2023''.
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$3,741,715,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production losses of
crops (including milk, on-farm stored commodities, crops prevented from
planting in 2022, and harvested adulterated wine grapes), trees,
bushes, and vines, as a consequence of droughts, wildfires, hurricanes,
floods, derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive moisture
occurring in calendar year 2022 under such terms and conditions as
determined by the Secretary: Provided, That of the amounts provided
under this heading in this Act, the Secretary shall use up to
$494,500,000 to provide assistance to producers of livestock, as
determined by the Secretary of Agriculture, for losses incurred during
calendar year 2022 due to drought or wildfires: Provided further, That
the amount provided under this heading in this Act shall be subject to
the terms and conditions set forth in the first, second, and fourth
through twelfth provisos under this heading in title I of the Disaster
Relief Supplemental Appropriations Act, 2022 (division B of Public Law
117-43), except that each reference to 2020 or 2021 in such provisos in
such Act shall be deemed to be a reference instead to 2022.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$58,000,000, to remain available until expended.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $27,000,000, to remain available until expended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' for necessary expenses for the Emergency Watershed
Protection Program, $925,000,000, to remain available until expended.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
For an additional amount for ``Rural Housing Assistance Grants'',
$60,000,000, to remain available until expended, for necessary expenses
related to homes damaged by Presidentially declared disasters in
calendar year 2022: Provided, That 42 U.S.C. 1471(b)(3) shall not
apply: Provided further, That the income limit shall be capped at 80
percent of the area median income: Provided further, That,
notwithstanding section 1490m(c)(2) of such title, a grant made under
42 U.S.C. 1490m of such title using funds made available under this
heading in this Act, may not exceed $50,000.
rural community facilities program account
For an additional amount for ``Rural Community Facilities Program
Account'', $75,300,000, to remain available until expended: Provided,
That of the amounts provided under this heading in this Act,
$50,000,000 shall be for necessary expenses for grants to repair
essential community facilities damaged by Presidentially declared
disasters in calendar year 2022: Provided further, That the percentage
of the cost of the facility that may be covered by a grant pursuant to
the preceding proviso shall be 75 percent.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for ``Rural Water and Waste Disposal
Program Account'', $325,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading in this Act,
$265,000,000 shall be for necessary expenses related to water systems
damaged by Presidentially declared disasters in calendar year 2022:
Provided further, That, notwithstanding section 343(a)(13)(B) of the
Consolidated Farm and Rural Development Act, a grant using funds made
available pursuant to the preceding proviso may not be awarded to a
community with a population of more than 35,000 people: Provided
further, That not to exceed $8,000,000 of the amount made available
pursuant to the first proviso shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 2101. In addition to other funds available for such purposes,
not more than three percent of the amounts provided in each account
under the ``Rural Development Programs'' heading in this title shall be
paid to the appropriation for ``Rural Development, Salaries and
Expenses'' for administrative costs to carry out the emergency rural
development programs in this title.
Sec. 2102. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
funds made available for this purpose, there is appropriated, out of
any money in the Treasury not otherwise appropriated, $125,000,000, to
remain available until September 30, 2024, to offset the loss of
quarantine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a): Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
sections 2508 and 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
of the Homeland Security Act of 2002 (6 U.S.C. 231(f)).
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Ian and Fiona, and of wildfires,
flooding, and other natural disasters occurring in calendar years 2021
and 2022 under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain
available until expended: Provided, That within the amount
appropriated under this heading in this Act, up to 3 percent of funds
may be transferred to the ``Salaries and Expenses'' account for
administration and oversight activities: Provided further, That the
Secretary of Commerce is authorized to appoint and fix the compensation
of such temporary personnel as may be necessary to implement the
requirements under this heading in this Act, without regard to the
provisions of title 5, United States Code, governing appointments in
competitive service: Provided further, That within the amount
appropriated under this heading in this Act, $2,000,000 shall be
transferred to the ``Office of Inspector General'' account for carrying
out investigations and audits related to the funding provided under
this heading in this Act.
For an additional amount for ``Economic Development Assistance
Programs'' for grants authorized by sections 28 and 29 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a and
3722b), $618,000,000, to remain available until expended, of which
$459,000,000 shall be for grants under section 28 and $159,000,000
shall be for grants under section 29 in amounts determined by the
Secretary.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical Research
and Services'' to investigate the impacts of hurricanes, typhoons, and
wildfires in calendar year 2022 to support the development of
resilience standards with regard to weather and climate disasters, in
addition to the underlying research to support those standards, and for
necessary expenses to carry out investigations of building failures
pursuant to the National Construction Safety Team Act of 2002 (15
U.S.C. 7301), $40,000,000, to remain available until expended.
industrial technology services
For an additional amount for ``Industrial Technology Services'',
$27,000,000, to remain available until expended, to implement the
Research and Development, Competition, and Innovation Act (division B
of Public Law 117-167), of which $13,000,000 shall be for the Hollings
Manufacturing Extension Partnership, and of which $14,000,000 shall be
for the Manufacturing USA Program.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
hurricanes, typhoons, flooding, and wildfires in calendar year 2022,
$29,000,000, to remain available until September 30, 2024, for repair
and replacement of observing assets, real property, and equipment; for
marine debris assessment and removal; and for mapping, charting, and
geodesy services.
For an additional amount for ``Operations, Research, and
Facilities'', $62,000,000, to remain available until September 30,
2024, of which $20,000,000, to remain available until expended, shall
be to carry out activities described in title II of division JJ of the
Consolidated Appropriations Act, 2023 to support the adoption of
innovative fishing gear deployment and fishing techniques to reduce
entanglement risk to North Atlantic right whales, including through
cooperative agreements pursuant to the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for the acquisition of hurricane hunter aircraft and
related expenses as authorized under section 413(a) of the Weather
Research and Forecasting Innovation Act of 2017 (Public Law 115-25),
$327,701,000, to remain available until expended.
For an additional amount for ``Procurement, Acquisition and
Construction'', $108,838,000, to remain available until September 30,
2025.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$300,000,000, to remain available until expended: Provided, That such
funds shall be used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the Secretary of
Commerce.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$182,000,000, to remain available until expended.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair and replacement of National
Aeronautics and Space Administration facilities damaged by Hurricanes
Ian and Nicole or scheduled for derating due to deterioration,
$189,400,000, to remain available until expended.
For an additional amount for ``Construction and Environmental
Compliance and Restoration'', $367,000,000, to remain available until
September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities''
for necessary expenses related to damage to research facilities and
scientific equipment in calendar year 2022, including related to the
consequences of wildfires, $2,500,000, to remain available until
September 30, 2024.
For an additional amount for ``Research and Related Activities'',
$818,162,000, to remain available until September 30, 2024, of which
$210,000,000 shall be to implement the Research and Development,
Competition, and Innovation Act (division B of Public Law 117-167).
stem education
For an additional amount for ``STEM Education'', $217,000,000, to
remain available until September 30, 2024, of which $125,000,000 shall
be to implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167).
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of hurricanes, flooding, wildfires, and other extreme
weather that occurred during calendar year 2022, $20,000,000, to remain
available until September 30, 2023: Provided, That none of the funds
appropriated in this Act to the Legal Services Corporation shall be
expended for any purpose prohibited or limited by, or contrary to any
of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and
2023, respectively, and except that sections 501 and 503 of Public Law
104-134 (referenced by Public Law 105-119) shall not apply to the
amount made available under this heading in this Act: Provided
further, That, for the purposes of this Act, the Legal Services
Corporation shall be considered an agency of the United States.
GENERAL PROVISION--THIS TITLE
Sec. 2201. Unobligated balances from amounts made available in
paragraph (1) under the heading ``Procurement, Acquisition and
Construction'' in the Disaster Relief Supplemental Appropriations Act,
2022 (division B of Public Law 117-43) may be used for necessary
expenses related to the consequences of hurricanes and of wildfires in
calendar year 2022: Provided, That amounts repurposed pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$82,875,000, to remain available until September 30, 2023, for
necessary expenses related to the consequences of Hurricanes Ian and
Fiona.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $6,786,000, to remain available until September 30, 2023,
for necessary expenses related to the consequences of Hurricanes Ian
and Fiona.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $16,572,000, to remain available until September 30,
2023, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
that are currently authorized or that are authorized after the date of
enactment of this Act, to reduce risks from future floods and
hurricanes, at full Federal expense, $5,000,000, to remain available
until expended: Provided, That funds made available under this heading
in this Act shall be for high-priority studies of projects in States
and insular areas that were impacted by Hurricanes Ian, Fiona, and
Nicole: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act, including a list of study
locations, new studies selected to be initiated, the total cost for all
studies, the remaining cost for all ongoing studies, and a schedule by
fiscal year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That beginning not later than 60 days
after the enactment of this Act, the Assistant Secretary of the Army
for Civil Works shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of the funds provided
under this heading in this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of Engineers
projects, construct Corps of Engineers projects, and rehabilitate and
repair damages caused by natural disasters to Corps of Engineers
projects, $261,300,000, to remain available until expended: Provided,
That funds made available in this paragraph in this Act are available
to construct flood and storm damage reduction, including shore
protection, projects which are currently authorized or which are
authorized after the date of enactment of this Act, and flood and storm
damage reduction, including shore protection, projects which have
signed Chief's Reports as of the date of enactment of this Act or which
are studied using funds provided under the heading ``Investigations''
of this Act if the Secretary determines such projects to be technically
feasible, economically justified, and environmentally acceptable, in
States and insular areas that were impacted by Hurricanes Ian, Fiona,
and Nicole: Provided further, That to the extent that ongoing
construction projects are constructed using funding pursuant to the
first proviso in this paragraph in this Act, such construction shall be
at full Federal expense: Provided further, That the Secretary may
initiate additional new construction starts with funds provided
pursuant to the first proviso in this paragraph in this Act: Provided
further, That using funds provided in this paragraph in this Act, the
non-Federal cash contribution for projects eligible for funding
pursuant to the first proviso in this paragraph in this Act shall be
financed in accordance with the provisions of section 103(k) of Public
Law 99-662 over a period of 30 years from the date of completion of the
project or separable element: Provided further, That funds made
available in this paragraph in this Act may be for ongoing projects
that have previously received funds under this heading in the Disaster
Relief Appropriations Act of 2013 (Public Law 113-2) and for which non-
Federal interests have entered into binding agreements with the
Secretary at the time of enactment of this Act: Provided further, That
projects receiving funds pursuant to the preceding proviso, shall be
subject to the terms and conditions of Disaster Relief Appropriations
Act of 2013 (Public Law 113-2): Provided further, That funds made
available in this paragraph in this Act may be for projects that have
previously received funds under this heading in the Bipartisan Budget
Act of 2018 (Public Law 115-123) and for which non-Federal interests
have entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Bipartisan Budget Act of 2018 (Public Law 115-123):
Provided further, That funds made available in this paragraph in this
Act may be used for projects that have previously received funds under
this heading in the Disaster Relief Supplemental Appropriations Act of
2022 (Public Law 117-43) and for which non-Federal interests have
entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Disaster Relief Supplemental Appropriations Act of 2022
(Public Law 117-43): Provided further, That construction of ongoing
projects that have previously received funds under this heading from
the Disaster Relief Supplemental Appropriations Act of 2022 (Public Law
117-43) to complete certain features, useful increments of work, or
components of the project shall be at full Federal expense with respect
to funds provided to the project under this heading in such Act or in
this paragraph in this Act: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That for
projects receiving funding in this paragraph in this Act, the
limitation concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (Public Law 99-662), as amended,
shall not apply to funds provided in this paragraph in this Act:
Provided further, That any projects using funds appropriated in this
paragraph in this Act shall be initiated only after non-Federal
interests have entered into binding agreements with the Secretary
requiring, where applicable, the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the United
States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That within 60 days of enactment of this Act, the Chief of Engineers
shall submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in this
paragraph in this Act, including a list of project locations, new
construction projects selected to be initiated, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act:
Provided further, That amounts repurposed pursuant to this paragraph
that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
For an additional amount for ``Construction'', $297,200,000, to
remain available until expended: Provided, That of the funds made
available in this paragraph in this Act, $45,000,000 shall be for flood
and storm damage reduction: Provided further, That of the funds made
available in this paragraph in this Act, $36,575,000 shall be for flood
control: Provided further, That of the funds made available in this
paragraph in this Act, for flood and storm damage reduction and flood
control, $43,650,000 shall be to continue construction of projects that
principally address drainage in urban areas: Provided further, That of
the funds made available in this paragraph in this Act, $36,575,000
shall be for shore protection: Provided further, That of the funds
made available in this paragraph in this Act, $113,550,000 shall be for
major rehabilitation, construction, and related activities for rivers
and harbors navigation projects, of which $10,000,000 shall be for
authorized reimbursements: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That of the
funds made available in this paragraph in this Act, $19,000,000 shall
be for other authorized project purposes, of which up to $11,900,000
shall be for the execution of comprehensive restoration plans developed
by the Corps for major bodies of water: Provided further, That of the
funds made available in this paragraph in this Act, $28,500,000 shall
be for environmental restoration or compliance: Provided further, That
of the funds made available in this paragraph in this Act, $18,000,000
shall be for water-related environmental infrastructure assistance to
make environmentally sound repairs and upgrades to water
infrastructure: Provided further, That within 60 days of enactment of
this Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by fiscal
year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects in response to, and rehabilitate and repair damages
caused by natural disasters to Corps of Engineers projects,
$15,500,000, to remain available until expended: Provided, That of the
amount provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and Senate
Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided under this heading in this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused by
natural disasters, $324,000,000, to remain available until expended:
Provided, That of the amount provided in this paragraph in this Act,
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the general fund of the
Treasury: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act.
For an additional amount for ``Operation and Maintenance'',
$52,800,000, to remain available until expended: Provided, That of the
amount provided in this paragraph in this Act, $36,000,000 shall be for
necessary expenses at inland waterways projects: Provided further,
That of the amount provided in this paragraph in this Act, $16,800,000
shall be for other authorized project purposes: Provided further, That
within 60 days of enactment of this Act, the Chief of Engineers shall
submit directly to the House and Senate Committees on Appropriations a
detailed work plan for the funds provided in this paragraph in this
Act, including a list of project locations, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane, and other natural disasters and support emergency
operations, repairs, and other activities in response to such
disasters, as authorized by law, $519,200,000, to remain available
until expended: Provided, That funding provided under this heading in
this Act and utilized for authorized shore protection projects shall
restore such projects to the full project profile at full Federal
expense: Provided further, That beginning not later than 60 days after
the enactment of this Act, the Chief of Engineers shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these fund provided under this heading in this Act.
expenses
For an additional amount for ``Expenses'' for necessary expenses to
administer and oversee the obligation and expenditure of amounts
provided in this Act for the Corps of Engineers, $5,000,000, to remain
available until expended: Provided, That beginning not later than 60
days after the enactment of this Act, the Chief of Engineers shall
provide a quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these fund provided under this heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity
For an additional amount for ``Electricity'', $1,000,000,000, to
remain available until expended, to carry out activities to improve the
resilience of the Puerto Rican electric grid, including grants for low
and moderate income households and households that include individuals
with disabilities for the purchase and installation of renewable
energy, energy storage, and other grid technologies: Provided, That
the Department of Energy shall coordinate with the Federal Emergency
Management Agency and the Department of Housing and Urban Development
on these activities.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$520,000,000, to remain available until expended, for the purchase of
power and transmission services: Provided, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall be reimbursable from amounts
collected by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses: Provided further, That
of the amount made available under this heading in this Act, up to
$100,000,000 may be transferred to Western Area Power Administration's
Colorado River Basins Power Marketing Fund account to be used for the
same purposes as outlined under this heading.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $36,788,390, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Ian, for repair and
alteration of buildings under the jurisdiction, custody and control of
the Administrator of General Services, and real property management and
related activities not otherwise provided for: Provided, That the
amount provided under this heading in this Act may be used to reimburse
the Fund for obligations incurred for this purpose prior to the date of
the enactment of this Act.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, $858,000,000, to remain available until expended, of
which $8,000,000 shall be transferred to and merged with ``Office of
Inspector General'' for audits and reviews of disaster loans and the
disaster loans programs; and of which $850,000,000 may be transferred
to and merged with ``Salaries and Expenses'' for administrative
expenses to carry out the disaster loan program or any disaster loan
authorized by section 7(b) of the Small Business Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$39,250,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Fiona and
Ian.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $115,500,000, to remain available until September 30,
2027, for necessary expenses related to the consequences of Hurricanes
Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$5,000,000,000, to remain available until expended, for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), of which $13,000,000
shall be transferred to ``Office of the Inspector General--Operations
and Support'' for audits and investigations of activities funded under
this heading.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon Fire
Assistance Account'', $1,450,000,000, to remain available until
expended, to carry out the Hermit's Peak/Calf Canyon Fire Assistance
Act, of which $1,000,000 shall be transferred to ``Office of the
Inspector General--Operations and Support'' for oversight of activities
authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act:
Provided, That the amounts provided under this heading in this Act
shall be subject to the reporting requirement in the third proviso of
section 136 of the Continuing Appropriations Act, 2023 (division A of
Public Law 117-180).
GENERAL PROVISIONS--THIS TITLE
Sec. 2601. Notwithstanding sections 104(c) and (d) of the Hermit's
Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117-
180), the Federal Emergency Management Agency may compensate for the
replacement of water treatment facilities, to the extent necessitated
by the Hermit's Peak/Calf Canyon Fire, in lieu of compensating for
temporary injury, in an amount not to exceed $140,000,000 from funds
made available under the heading ``Hermit's Peak/Calf Canyon Fire
Assistance Account'' in this Act or in section 136 of the Continuing
Appropriations Act, 2023 (division A of Public Law 117-180).
Sec. 2602. For necessary expenses related to providing customs and
immigration inspection and pre-inspection services at, or in support of
ports of entry, pursuant to section 1356 of title 8, United States
Code, and section 58c(f) of title 19, United States Code, and in
addition to any other funds made available for this purpose, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $309,000,000, to offset the loss of Immigration User Fee
receipts collected pursuant to section 286(h) of the Immigration and
Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs
services collected pursuant to paragraphs (1) through (8) and paragraph
(10) of subsection (a) of section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and
(a)(10)).
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $247,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023, including winter storm
damages at Midway Atoll National Wildlife Refuge.
National Park Service
construction
For an additional amount for ``Construction'', $1,500,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $41,040,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and prior to
calendar year 2023.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$44,500,000, to remain available until expended, for necessary expenses
related to the consequences of wildfires, hurricanes, and other natural
disasters occurring in and prior to calendar year 2023.
construction
For an additional amount for ``Construction'', $2,500,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$90,465,000, to remain available until expended, for necessary expenses
related to the consequences of flooding at the To'Hajiilee Community
School.
Departmental Offices
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$75,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$429,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $383,657,000 shall
be available for wildfire suppression operations, and is provided to
meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$45,343,000 shall be available for fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage Tank
Trust Fund Program'', $1,000,000, to remain available until expended,
for necessary expenses related to the consequences of Hurricanes Fiona
and Ian.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $1,067,210,000, to remain available until expended, of which
$665,210,000 shall be for capitalization grants for the Clean Water
State Revolving Funds under title VI of the Federal Water Pollution
Control Act, and of which $402,000,000 shall be for capitalization
grants under section 1452 of the Safe Drinking Water Act: Provided,
That notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act,
funds appropriated under this paragraph in this Act shall be provided
to States or Territories in EPA Regions 2 and 4 in amounts determined
by the Administrator for wastewater treatment works and drinking water
facilities impacted by Hurricanes Fiona and Ian: Provided further,
That States or Territories shall prioritize funds, as appropriate, to
Tribes and disadvantaged communities: Provided further, That
notwithstanding the requirements of section 603(i) of the Federal Water
Pollution Control Act and section 1452(d) of the Safe Drinking Water
Act, for the funds appropriated under this paragraph in this Act, each
State shall use 100 percent of the amount of its capitalization grants
to provide additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or grants, or any
combination of these: Provided further, That the funds appropriated
under this paragraph in this Act shall be used for eligible projects
whose purpose is to reduce flood or fire damage risk and vulnerability
or to enhance resiliency to rapid hydrologic change or natural disaster
at treatment works, as defined by section 212 of the Federal Water
Pollution Control Act, or any eligible facilities under section 1452 of
the Safe Drinking Water Act, and for other eligible tasks at such
treatment works or facilities necessary to further such purposes:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
funds provided under this paragraph in this Act shall not be subject to
the matching or cost share requirements of sections 602(b)(2),
602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided
further, That the Administrator of the Environmental Protection Agency
may retain up to $1,000,000 of the funds appropriated under this
paragraph in this Act for management and oversight.
For an additional amount for ``State and Tribal Assistance
Grants'', $150,000,000, to remain available until expended, for
technical assistance and grants under section 1442(b) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(b)) in areas where the President
declared an emergency in August of fiscal year 2022 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That the Administrator of the
Environmental Protection Agency may retain up to three percent of the
amounts made available under this paragraph in this Act for salaries,
expenses, and administration: Provided further, That the agency shall
submit an annual report to the Committees on Appropriations until all
funds have been obligated, with a status on the use of funds for this
effort.
For an additional amount for ``State and Tribal Assistance
Grants'', $450,000,000, to remain available until expended, for
capitalization grants under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12): Provided, That notwithstanding section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under
this paragraph in this Act shall be provided to States or Territories
in EPA Region 4 in amounts determined by the Administrator in areas
where there the President declared an emergency in August of fiscal
year 2022 pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That notwithstanding the requirements of section 1452(d) of the Safe
Drinking Water Act, for the funds appropriated under this paragraph in
this Act, each State shall use 100 percent of the amount of its
capitalization grants to provide additional subsidization to eligible
recipients in the form of forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through buying,
refinancing, or restructuring debt or any combination thereof:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
the Administrator of the Environmental Protection Agency may retain up
to $1,000,000 of the funds appropriated under this paragraph in this
Act for management and oversight.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$2,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2020, 2021, and 2022
wildfires, hurricanes, and other natural disasters.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$148,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters: Provided,
That of the amounts made available under this heading in this Act, up
to $20,000,000 is for grants to states to support economic recovery
activities in communities damaged by wildfire: Provided further, That
of the amounts made available under this heading in this Act, no less
than $100,000,000 is for cooperative lands forest management
activities.
national forest system
For an additional amount for ``National Forest System'',
$210,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters, including for
high priority post-wildfire restoration for watershed protection,
public access and critical habitat, hazardous fuels mitigation for
community protection, and burned area recovery.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $150,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2020,
2021, and 2022 wildfires, hurricanes, and other natural disasters.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$375,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$1,171,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $1,011,000,000
shall be available for wildfire suppression operations, and is provided
to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$160,000,000 shall be available for forest fire presuppression.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $86,000,000, to remain available until September 30, 2024,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian: Provided, That funds appropriated under this
heading in this Act may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred for such
purposes, prior to the date of enactment of this Act.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'', $2,500,000, to remain available until expended, for
necessary expenses in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986 related to the
consequences of major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in 2022.
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$25,000,000, to remain available until September 30, 2024, for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided, That funds appropriated under this heading in
this Act may be made available to restore amounts, either directly or
through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act: Provided further, That
funds appropriated under this heading in this Act may be transferred to
the accounts of Institutes and Centers of the National Institutes of
Health (NIH): Provided further, That this transfer authority is in
addition to any other transfer authority available to the NIH.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$1,000,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
That of the funds made available under this heading in this Act,
$500,000,000 shall be allocated as though the total appropriation for
such payments for fiscal year 2023 was less than $1,975,000,000.
For an additional amount for ``Low Income Home Energy Assistance'',
$2,500,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $100,000,000, to remain available
through September 30, 2024, for necessary expenses directly related to
the consequences of Hurricanes Fiona and Ian, including activities
authorized under section 319(a) of the Public Health Service Act:
Provided, That the Secretary shall allocate such funds to States,
Territories, and tribes based on assessed need notwithstanding sections
658J and 658O of the Child Care and Development Block Grant Act of
1990: Provided further, That not to exceed 2 percent of funds
appropriated under this heading in this Act may be reserved, to remain
available until expended, for Federal administration costs: Provided
further, That such funds may be used for alteration, renovation,
construction, equipment, and other capital improvement costs, including
for child care facilities without regard to section 658F(b) of such
Act, and for other expenditures related to child care, as necessary to
meet the needs of areas affected by Hurricanes Fiona and Ian: Provided
further, That funds made available under this heading in this Act may
be used without regard to section 658G of such Act and with amounts
allocated for such purposes excluded from the calculation of
percentages under subsection 658E(c)(3) of such Act: Provided further,
That notwithstanding section 658J(c) of such Act, funds allotted to a
State may be obligated by the State in that fiscal year or the
succeeding three fiscal years: Provided further, That Federal interest
provisions will not apply to the renovation or construction of
privately-owned family child care homes, and the Secretary shall
develop parameters on the use of funds for family child care homes:
Provided further, That the Secretary shall not retain Federal interest
after a period of 10 years (from the date on which the funds are made
available to purchase or improve the property) in any facility
renovated or constructed with funds made available under this heading
in this Act: Provided further, That funds made available under this
heading in this Act shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under a contract
for insurance, or by self-insurance: Provided further, That funds
appropriated under this heading in this Act may be made available to
restore amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of enactment
of this Act.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $408,000,000, to remain available until September 30, 2027,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act: Provided, That $345,000,000
of the amount provided under this heading in this Act shall be for Head
Start programs, including making payments under the Head Start Act:
Provided further, That none of funds made available in the preceding
proviso shall be included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is defined in sections
640(a)(7)(A) of the Head Start Act: Provided further, That funds made
available in first proviso are not subject to the allocation
requirements of section 640(a) of the Head Start Act or the matching
requirements of section 640(b) of such Act: Provided further, That
$10,000,000 of the amount provided under this heading in this Act shall
be for payments to States, Territories, and tribes for activities
authorized under subpart 1 of part B of title IV of the Social Security
Act, with such funds allocated based on assessed need notwithstanding
section 423 of such Act and paid without regard to percentage
limitations in subsections (a), (c), or (e) in section 424 of such Act:
Provided further, That $10,000,000 of the amount provided under this
heading in this Act shall be for payments to States, Territories,
tribes, and coalitions for carrying out sections 303(a) and 303(b) of
the Family Violence Prevention and Services Act, notwithstanding the
matching requirements in section 306(c)(4) of such Act and allocated
based on assessed need, notwithstanding section 303(a)(2) of such Act:
Provided further, That the Secretary may make funds made available
under the preceding proviso available for providing temporary housing
and assistance to victims of family, domestic, and dating violence:
Provided further, That funds made available by the fifth proviso shall
be available for expenditure, by a State, Territory, tribe, coalition,
or any recipient of funds from a grant, through the end of fiscal year
2027: Provided further, That $25,000,000 of the amount made available
under this heading in this Act shall be for payments to States,
territories, and tribes authorized under the Community Services Block
Grant Act, with such funds allocated based on assessed need,
notwithstanding sections 674(b), 675A, and 675B of such Act: Provided
further, That notwithstanding section 676(b)(8) of the Community
Services Block Grant Act, each State, Territory, or tribe receiving
funds made available under the preceding proviso may allocate funds to
eligible entities based on assessed need: Provided further, That for
services furnished under the CSBG Act with funds appropriated under
this heading in this Act, a State, territory or tribe that receives a
supplemental grant award may apply the last sentence of section 673(2)
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That funds made available under this heading in this
Act may be used for alteration, renovation, construction, equipment,
and other capital improvement costs as necessary to meet the needs of
areas affected by Hurricanes Fiona and Ian: Provided further, That the
Secretary shall not retain Federal interest after a period of 10 years
(from the date on which the funds are made available to purchase or
improve the property) in any facility renovated, repaired, or rebuilt
with funds appropriated under this heading in this Act, with the
exception of funds appropriated for Head Start programs: Provided
further, That funds made available under this heading in this Act shall
not be available for costs that are reimbursed by the Federal Emergency
Management Agency, under a contract for insurance, or by self-
insurance: Provided further, That up to $18,000,000, to remain
available until expended, shall be available for Federal administrative
expenses: Provided further, That funds appropriated under this heading
in this Act may be made available to restore amounts, either directly
or through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $128,792,000, to remain available until September 30,
2024, for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act (referred to under this heading
as the ``PHS Act''): Provided, That funds made available under this
heading in this Act may be used for alteration, renovation,
construction, equipment, and other capital improvement costs as
necessary to meet the needs of areas affected by Hurricanes Fiona and
Ian: Provided further, That funds made available under this heading in
this Act may be used for the purchase or hire of vehicles: Provided
further, That of the amount made available under this heading in this
Act, $65,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'' for expenses directly
related to a disaster or emergency for disaster response and recovery,
for the Health Centers Program under section 330 of the PHS Act,
including alteration, renovation, construction, equipment, and other
capital improvement costs as necessary to meet the needs of areas
affected by a disaster or emergency: Provided further, That the time
limitation in section 330(e)(3) of the PHS Act shall not apply to funds
made available under the preceding proviso: Provided further, That of
the amount made available under this heading in this Act, not less than
$22,000,000 shall be transferred to ``Substance Abuse and Mental Health
Services Administration--Health Surveillance and Program Support'' for
grants, contracts, and cooperative agreements for behavioral health
treatment (including screening and diagnosis), treatment of substance
use disorders (including screening and diagnosis), crisis counseling,
and other related helplines, and for other similar programs to provide
support to individuals impacted by a disaster or emergency: Provided
further, That of the amount made available under this heading in this
Act, not less than $15,000,000 shall be transferred to ``Administration
for Community Living--Aging and Disability Services Programs'' for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided further, That funds made available under the
preceding proviso are not subject to the allotment, reservation,
matching, or application and State and area requirements of the Older
Americans Act of 1965 and Rehabilitation Act of 1973: Provided
further, That of the amount made available under this heading in this
Act, not less than $392,000 shall be transferred to ``Food and Drug
Administration--Buildings and Facilities'' for costs related to repair
of facilities, for replacement of equipment, and for other increases in
facility-related costs due to the consequences of Hurricanes Fiona and
Ian: Provided further, That of the amount made available under this
heading in this Act, up to $2,000,000, to remain available until
expended, shall be transferred to ``Office of the Secretary--Office of
Inspector General'' for oversight of activities responding to such
disasters or emergencies.
GENERAL PROVISIONS--THIS TITLE
Sec. 2801. (a) In General.--As the Secretary of Health and Human
Services determines necessary to respond to a critical hiring need for
emergency response positions, after providing public notice and without
regard to the provisions of sections 3309 through 3319 of title 5,
United States Code, the Secretary may appoint candidates directly to
the following positions, consistent with subsection (b), to perform
critical work directly relating to the consequences of Hurricanes Fiona
and Ian:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall expire
270 days after the date of enactment of this section.
Sec. 2802. Not later than 45 days after the date of enactment of
this Act, the agencies receiving funds appropriated by this title shall
provide a detailed operating plan of anticipated uses of funds made
available in this title by State and Territory, and by program,
project, and activity, to the Committees on Appropriations: Provided,
That no such funds shall be obligated before the operating plans are
provided to the Committees: Provided further, That such plans shall be
updated, including obligations to date and anticipated use of funds
made available in this title, and submitted to the Committees on
Appropriations biweekly until all such funds are expended.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $41,040,000, to remain available until September 30,
2025, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona: Provided, That, not later than 60 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$803,000,000, to remain available until expended: Provided, That
notwithstanding subsection (e) of section 120 of title 23, United
States Code, for this fiscal year and hereafter, the Federal share for
Emergency Relief funds made available under section 125 of such title
to respond to damage caused by Hurricane Fiona, shall be 100 percent.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for ``Public Transportation Emergency
Relief Program'' as authorized under section 5324 of title 49, United
States Code, $213,905,338, to remain available until expended, for
transit systems affected by major declared disasters occurring in
calendar years 2017, 2020, 2021, and 2022: Provided, That not more
than three-quarters of 1 percent of the funds for public transportation
emergency relief shall be available for administrative expenses and
ongoing program management oversight as authorized under sections 5334
and 5338(c)(2) of such title and shall be in addition to any other
appropriations for such purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'',
$2,653,580,000, to remain available until expended, for activities
specified in paragraph (1) (excluding any set-asides) of such heading
in title II of division L of this consolidated Act.
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$3,000,000,000, to remain available until expended, for the same
purposes and under the same terms and conditions as funds appropriated
under such heading in title VIII of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43), except that
such amounts shall be for major disasters that occurred in 2022 or
later until such funds are fully allocated and the fourth, twentieth,
and twenty-first provisos under such heading in such Act shall not
apply: Provided, That amounts made available under this heading in
this Act and under such heading in such Act may be used by a grantee to
assist utilities as part of a disaster-related eligible activity under
section 105(a) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(a)): Provided further, That of the amounts made available
under this heading in this Act, up to $10,000,000 shall be made
available for capacity building and technical assistance, including
assistance on contracting and procurement processes, to support States,
units of general local government, or Indian tribes (and their
subrecipients) that receive allocations related to major disasters
under this heading in this, prior, or future Acts: Provided further,
That of the amounts made available under this heading in this Act, up
to $5,000,000 shall be transferred to ``Department of Housing and Urban
Development--Program Office Salaries and Expenses--Community Planning
and Development'' for necessary costs, including information technology
costs, of administering and overseeing the obligation and expenditure
of amounts made available under this heading in this Act or any prior
or future Act that makes amounts available for purposes related to
major disasters under such heading: Provided further, That the amount
specified in the preceding proviso shall be combined with funds
appropriated under this same heading for this same purpose in any prior
Acts and the aggregate of such amounts shall be available for the costs
of administering and overseeing any funds appropriated to the
Department related to major disasters in this, prior, or future Acts,
notwithstanding the purposes for which such funds were appropriated:
Provided further, That of the amounts made available under this heading
in this Act, up to $5,000,000 shall be transferred to ``Department of
Housing and Urban Development--Office of the Inspector General'' for
necessary costs of overseeing and auditing amounts made available under
this heading in this Act or any prior or future Act that makes amounts
available for purposes related to major disasters under such heading:
Provided further, That amounts repurposed under this heading that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June 8,
2022.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental Assistance'',
$969,420,000, to remain available until expended.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 21101. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 21102. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 21103. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 21104. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This division may be cited as the ``Disaster Relief Supplemental
Appropriations Act, 2023''.
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
TITLE I--NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION
EXTENSION
SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``the date that is 7 years
after the date of enactment of this Act'' and inserting ``September 30,
2023''.
TITLE II--NDAA TECHNICAL CORRECTIONS
SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.
(a) In General.--Subsection (a) of section 611 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 is
amended--
(1) in the matter preceding paragraph (1), by striking
``402b(b)'' and inserting ``402b'';
(2) by striking paragraph (1) and inserting the following:
``(1) in subsection (b)(2)--
``(A) by inserting `(A)' before `the gross';
``(B) by striking `130 percent' and inserting `150
percent';
``(C) by striking `; and' and inserting `; or'; and
``(D) by inserting at the end the following:
```(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance),
the gross household income of the member during the most recent
calendar year did not exceed an amount equal to 200 percent of
the Federal poverty guidelines of the Department of Health and
Human Services for the location of the member and the number of
individuals in the household of the member for such year; and';
and''; and
(3) by striking paragraph (2) and inserting the following:
``(2) in subsection (c)(1)(A), by striking `130 percent'
and inserting `150 percent (or, in the case of a member
described in subsection (b)(2)(B), 200 percent)'.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of such Act.
SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF AGREEMENT
BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTING BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) In General.--Section 553 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 is amended by adding at
the end the following new subsection:
``(d) Applicability.--The amendments made by this section shall
only apply with respect to a cadet or midshipman who first enrolls in
the United States Military Academy, the United States Naval Academy, or
the United States Air Force Academy on or after June 1, 2021.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 and apply as if
originally included in the enactment of such Act.
TITLE III--IMMIGRATION EXTENSIONS
SEC. 301. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2023'' for ``September 30, 2015''.
SEC. 302. NON-MINISTER RELIGIOUS WORKERS.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be
applied by substituting ``September 30, 2023'' for ``September 30,
2015''.
SEC. 303. H-2B SUPPLEMENTAL VISAS EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon determining that the needs of
American businesses cannot be satisfied during fiscal year 2023 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
SEC. 304. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2023'' for ``September 30, 2015''.
TITLE IV--ENVIRONMENT AND PUBLIC WORKS MATTERS
SEC. 401. ESTABLISHMENT OF REGIONAL COMMISSION FOR THE GREAT LAKES.
(a) Establishment.--
(1) In general.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Great Lakes Authority.''.
(2) Conforming amendment.--Section 15101(1) of title 40,
United States Code, is amended by inserting ``or Authority''
after ``a Commission''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 15734. Great Lakes Authority
``The region of the Great Lakes Authority shall consist of areas in
the watershed of the Great Lakes and the Great Lakes System (as such
terms are defined in section 118(a)(3) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:
``(1) Illinois.
``(2) Indiana.
``(3) Michigan.
``(4) Minnesota.
``(5) New York.
``(6) Ohio.
``(7) Pennsylvania.
``(8) Wisconsin.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code, is amended by
adding at the end the following:
``15734. Great Lakes Authority.''.
SEC. 402. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER
SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION
PROGRAMS.
Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f)
is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 403. NUMBERING OF SEGMENT.
Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 598; 133 Stat.
3018) is amended by striking the seventh, eighth, and ninth sentences.
SEC. 404. PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.
(a) In General.--Section 120 of the Federal Water Pollution Control
Act (33 U.S.C. 1270) is amended--
(1) in the section heading, by inserting ``patrick leahy''
before ``lake'';
(2) by inserting ``Patrick Leahy'' before ``Lake Champlain
Basin Program'' each place it appears;
(3) in subsection (g)(1), in the paragraph heading, by
striking ``Lake'' and inserting ``Patrick leahy lake''; and
(4) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $35,000,000
for each of fiscal years 2023 through 2027, to remain available until
expended.''.
(b) Conforming Amendment.--Section 1201(c) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended by inserting ``Patrick Leahy'' before ``Lake Champlain Basin
Program''.
(c) References.--Any reference in law, regulation, map, document,
paper, or other record of the United States to the ``Lake Champlain
Basin Program'' shall be deemed to be a reference to the Patrick Leahy
Lake Champlain Basin Program.
SEC. 405. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by inserting ``, lease,
license, or contract for service''
after ``to sell''; and
(II) by inserting ``, lease,
license, or contract for service''
after ``that own''; and
(ii) in subparagraph (B), by inserting ``,
lease, license, or contract for service''
before the period at the end; and
(B) in paragraph (5)(A)--
(i) in clause (i)(II), by inserting ``,
lease, license, or contract for service'' after
``purchase'';
(ii) in clause (iii), by striking ``or'' at
the end;
(iii) by redesignating clause (iv) as
clause (v);
(iv) by inserting after clause (iii) the
following:
``(iv) a charter school (as defined in
section 4310 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7221i))
responsible for the purchase, lease, license,
or contract for service of school buses for
that charter school; or''; and
(v) in subclause (II) of clause (v) (as so
redesignated), by inserting ``, lease, license,
or contract for service'' after ``purchase'';
and
(2) in subsection (b)(5)(A), by inserting ``, except that,
if the award is to an eligible contractor and the contract with
the local educational agency (including charter schools
operating as local educational agencies under State law) ends
before the end of the 5-year period, those school buses may be
operated as part of another local educational agency eligible
for the same or higher priority consideration under paragraph
(4), subject to the limitations under paragraph (7)'' before
the semicolon at the end.
TITLE V--SAFETY ENHANCEMENTS
SEC. 501. AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIREMENTS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by inserting after section 44743 the following:
``Sec. 44744. Flight crew alerting
``(a) In General.--Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category
airplane unless such airplane incorporates a flight crew alerting
system that, at a minimum--
``(1) displays and differentiates among warnings, cautions,
and advisories; and
``(2) includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems
failures.
``(b) Limitation.--The prohibition in subsection (a) shall not
apply to any application for an original or amended type certificate
that was submitted to the Administrator prior to December 27, 2020.
``(c) Safety Enhancements.--
``(1) Restriction on airworthiness certificate issuance.--
Beginning on the date that is 1 year after the date on which
the Administrator issues a type certificate for the Boeing 737-
10, the Administrator may not issue an original airworthiness
certificate for any Boeing 737 MAX aircraft unless the
Administrator finds that the type design for the aircraft
includes safety enhancements that have been approved by the
Administrator.
``(2) Restriction on operation.--Beginning on the date that
is 3 years after the date on which the Administrator issues a
type certificate for the Boeing 737-10, no person may operate a
Boeing 737 MAX aircraft unless--
``(A) the type design for the aircraft includes
safety enhancements approved by the Administrator; and
``(B) the aircraft was--
``(i) produced in conformance with such
type design; or
``(ii) altered in accordance with such type
design.
``(d) Definitions.--In this section:
``(1) Boeing 737 max aircraft.--The term `Boeing 737 MAX
aircraft' means any--
``(A) Model 737 series aircraft designated as a
737-7, 737-8, 737-8200, 737-9, or 737-10; or
``(B) other variant of a model described in
subparagraph (A).
``(2) Safety enhancement.--The term `safety enhancement'
means any design change to the flight crew alerting system
approved by the Administrator for the Boeing 737-10,
including--
``(A) a--
``(i) synthetic enhanced angle-of-attack
system; and
``(ii) means to shut off stall warning and
overspeed alerts; or
``(B) any design changes equivalent to subparagraph
(A) determined appropriate by the Administrator.''.
(b) Repeal of ACSAA Section 116(b)(1).--Section 116 of the Aircraft
Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is
amended by striking subsection (b) and inserting the following:
``(b) Prohibition.--Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category
aircraft unless, in the case of a transport category aircraft other
than a transport airplane, the type certificate applicant provides a
means acceptable to the Administrator to assist the flight crew in
prioritizing corrective actions and responding to systems failures
(including by cockpit or flight manual procedures).''.
(c) Costs.--Any costs associated with the safety enhancements
required by section 44744 of title 49, United States Code, as added by
subsection (a), shall be borne by the holder of the type certificate.
(d) Congressional Briefings.--Not later than March 1, 2023, and on
a quarterly basis thereafter, the Administrator shall brief Congress on
the status of--
(1) the issuance of a type certificate for the Boeing 737-7
and 737-10, including any design enhancements, pilot
procedures, or training requirements resulting from system
safety assessments; and
(2) the implementation of safety enhancements for Boeing
737 MAX aircraft, as required by section 44744 of title 49,
United States Code, as added by subsection (a).
(e) Clerical Amendment.--The chapter analysis for chapter 447 of
title 49, United States Code, is amended by inserting after the item
relating to section 44743 the following:
``44744. Flight Crew Alerting.''.
TITLE VI--EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES
SEC. 601. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act (Public Law 116-114), section 2 of such Act is amended by
striking ``December 31, 2022''and inserting ``December 31, 2024''.
TITLE VII--FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY
AND SAFETY AUTHORITY
SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY
AND SAFETY AUTHORITY.
Section 1204(e) of the Horseracing Integrity and Safety Act of 2020
(15 U.S.C. 3053(e)) is amended to read as follows:
``(e) Amendment by Commission of Rules of Authority.--The
Commission, by rule in accordance with section 553 of title 5, United
States Code, may abrogate, add to, and modify the rules of the
Authority promulgated in accordance with this Act as the Commission
finds necessary or appropriate to ensure the fair administration of the
Authority, to conform the rules of the Authority to requirements of
this Act and applicable rules approved by the Commission, or otherwise
in furtherance of the purposes of this Act.''.
TITLE VIII--UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) Short Title.--This section may be cited as the ``United States
Parole Commission Additional Extension Act of 2022''.
(b) Amendment of Sentencing Reform Act of 1984.--For purposes of
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551
note; Public Law 98-473; 98 Stat. 2032), as such section relates to
chapter 311 of title 18, United States Code, and the United States
Parole Commission, each reference in such section to ``35 years and 46
days'' or ``35-year and 46-day period'' shall be deemed a reference to
``36 years'' or ``36-year period'', respectively.
(c) Effective Date.--Subsection (b) shall take effect as though
enacted as part of the Further Continuing Appropriations and Extensions
Act, 2023.
(d) Superseded Provision.--Section 103 of division B of the Further
Continuing Appropriations and Extensions Act, 2023 shall have no force
or effect.
TITLE IX--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``December 23, 2022'' and inserting
``March 9, 2023''.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) Balances on the PAYGO Scorecards.--
(1) Fiscal year 2023.--For the purposes of the annual
report issued pursuant to section 5 of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
second session of the 117th Congress, and for determining
whether a sequestration order is necessary under such section,
the debit for the budget year on the 5-year scorecard, if any,
and the 10-year scorecard, if any, shall be deducted from such
scorecards in 2023 and added to such scorecards in 2025.
(2) Fiscal year 2024.--For the purposes of the annual
report issued pursuant to section 5 of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
first session of the 118th Congress, and for determining
whether a sequestration order is necessary under such section,
the debit for the budget year on the 5-year scorecard, if any,
and the 10-year scorecard, if any, shall be deducted from such
scorecards in 2024 and added to such scorecards in 2025.
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
SEC. 1. SHORT TITLE, ETC.
This division may be cited as the ``Electoral Count Reform and
Presidential Transition Improvement Act of 2022''.
TITLE I--ELECTORAL COUNT REFORM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Electoral Count Reform Act of
2022''.
SEC. 102. TIME FOR APPOINTING ELECTORS.
(a) In General.--Title 3, United States Code, is amended by
striking sections 1 and 2 and inserting the following:
``Sec. 1. Time of appointing electors
``The electors of President and Vice President shall be appointed,
in each State, on election day, in accordance with the laws of the
State enacted prior to election day.''.
(b) Election Day.--Section 21 of title 3, United States Code, is
amended by redesignating subsections (a) and (b) as paragraphs (2) and
(3), respectively, and by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `election day' means the Tuesday next after the first
Monday in November, in every fourth year succeeding every
election of a President and Vice President held in each State,
except, in the case of a State that appoints electors by
popular vote, if the State modifies the period of voting, as
necessitated by force majeure events that are extraordinary and
catastrophic, as provided under laws of the State enacted prior
to such day, `election day' shall include the modified period
of voting.''.
(c) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 1 and inserting the following:
``1. Time of appointing electors.''.
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL COLLEGE.
Section 4 of title 3, United States Code, is amended by inserting
``enacted prior to election day'' after ``by law''.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.
(a) Determination.--Section 5 of title 3, United States Code, is
amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of electors
``(a) In General.--
``(1) Certification.--Not later than the date that is 6
days before the time fixed for the meeting of the electors, the
executive of each State shall issue a certificate of
ascertainment of appointment of electors, under and in
pursuance of the laws of such State providing for such
appointment and ascertainment enacted prior to election day.
``(2) Form of certificate.--Each certificate of
ascertainment of appointment of electors shall--
``(A) set forth the names of the electors appointed
and the canvass or other determination under the laws
of such State of the number of votes given or cast for
each person for whose appointment any and all votes
have been given or cast;
``(B) bear the seal of the State; and
``(C) contain at least one security feature, as
determined by the State, for purposes of verifying the
authenticity of such certificate.
``(b) Transmission.--It shall be the duty of the executive of each
State--
``(1) to transmit to the Archivist of the United States,
immediately after the issuance of a certificate of
ascertainment of appointment of electors and by the most
expeditious method available, such certificate of ascertainment
of appointment of electors; and
``(2) to transmit to the electors of such State, on or
before the day on which the electors are required to meet under
section 7, six duplicate-originals of the same certificate.
``(c) Treatment of Certificate as Conclusive.--For purposes of
section 15:
``(1) In general.--
``(A) Certificate issued by executive.--Except as
provided in subparagraph (B), a certificate of
ascertainment of appointment of electors issued
pursuant to subsection (a)(1) shall be treated as
conclusive in Congress with respect to the
determination of electors appointed by the State.
``(B) Certificates issued pursuant to court
orders.--Any certificate of ascertainment of
appointment of electors required to be issued or
revised by any State or Federal judicial relief granted
prior to the date of the meeting of electors shall
replace and supersede any other certificates submitted
pursuant to this section.
``(2) Determination of federal questions.--The
determination of Federal courts on questions arising under the
Constitution or laws of the United States with respect to a
certificate of ascertainment of appointment of electors shall
be conclusive in Congress.
``(d) Venue and Expedited Procedure.--
``(1) In general.--Any action brought by an aggrieved
candidate for President or Vice President that arises under the
Constitution or laws of the United States with respect to the
issuance of the certification required under section (a)(1), or
the transmission of such certification as required under
subsection (b), shall be subject to the following rules:
``(A) Venue.--The venue for such action shall be
the Federal district court of the Federal district in
which the State capital is located.
``(B) 3-judge panel.--Such action shall be heard by
a district court of three judges, convened pursuant to
section 2284 of title 28, United States Code, except
that--
``(i) the court shall be comprised of two
judges of the circuit court of appeals in which
the district court lies and one judge of the
district court in which the action is brought;
and
``(ii) section 2284(b)(2) of such title
shall not apply.
``(C) Expedited procedure.--It shall be the duty of
the court to advance on the docket and to expedite to
the greatest possible extent the disposition of the
action, consistent with all other relevant deadlines
established by this chapter and the laws of the United
States.
``(D) Appeals.--Notwithstanding section 1253 of
title 28, United States Code, the final judgment of the
panel convened under subparagraph (B) may be reviewed
directly by the Supreme Court, by writ of certiorari
granted upon petition of any party to the case, on an
expedited basis, so that a final order of the court on
remand of the Supreme Court may occur on or before the
day before the time fixed for the meeting of electors.
``(2) Rule of construction.--This subsection--
``(A) shall be construed solely to establish venue
and expedited procedures in any action brought by an
aggrieved candidate for President or Vice President as
specified in this subsection that arises under the
Constitution or laws of the United States; and
``(B) shall not be construed to preempt or displace
any existing State or Federal cause of action.''.
(b) Executive of a State.--Section 21 of title 3, United States
Code, as amended by section 102(b), is amended by striking paragraph
(3) and inserting the following:
``(3) `executive' means, with respect to any State, the
Governor of the State (or, in the case of the District of
Columbia, the Mayor of the District of Columbia), except when
the laws or constitution of a State in effect as of election
day expressly require a different State executive to perform
the duties identified under this chapter.''.
(c) Conforming Amendments.--
(1) Section 9 of title 3, United States Code, is amended by
striking ``annex to each of the certificates one of the lists
of the electors'' and inserting ``annex to each of the
certificates of votes one of the certificates of ascertainment
of appointment of electors''.
(2) The table of contents for chapter 1 of title 3, United
States Code, is amended by striking the items relating to
sections 5 inserting the following:
``5. Certificate of ascertainment of appointment of electors.''.
SEC. 105. DUTIES OF THE ARCHIVIST.
(a) In General.--Section 6 of title 3, United States Code, is
amended to read as follows:
``Sec. 6. Duties of Archivist
``The certificates of ascertainment of appointment of electors
received by the Archivist of the United States under section 5 shall--
``(1) be preserved for one year;
``(2) be a part of the public records of such office; and
``(3) be open to public inspection.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the items relating
to section 6 and inserting the following:
``6. Duties of Archivist.''.
SEC. 106. MEETING OF ELECTORS.
(a) Time for Meeting.--Section 7 of title 3, United States Code, is
amended--
(1) by striking ``Monday'' and inserting ``Tuesday''; and
(2) by striking ``as the legislature of such State shall
direct'' and inserting ``in accordance with the laws of the
State enacted prior to election day''.
(b) Clarification on Sealing of Certificates of Votes.--Section 10
of such title is amended by striking ``the certificates so made by
them'' and inserting ``the certificates of votes so made by them,
together with the annexed certificates of ascertainment of appointment
of electors''.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.
(a) In General.--Section 11 of title 3, United States Code, is
amended to read as follows:
``Sec. 11. Transmission of certificates by electors
``The electors shall immediately transmit at the same time and by
the most expeditious method available the certificates of votes so made
by them, together with the annexed certificates of ascertainment of
appointment of electors, as follows:
``(1) One set shall be sent to the President of the Senate
at the seat of government.
``(2) Two sets shall be sent to the chief election officer
of the State, one of which shall be held subject to the order
of the President of the Senate, the other to be preserved by
such official for one year and shall be a part of the public
records of such office and shall be open to public inspection.
``(3) Two sets shall be sent to the Archivist of the United
States at the seat of government, one of which shall be held
subject to the order of the President of the Senate and the
other of which shall be preserved by the Archivist of the
United States for one year and shall be a part of the public
records of such office and shall be open to public inspection.
``(4) One set shall be sent to the judge of the district in
which the electors shall have assembled.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 11 and inserting the following:
``11. Transmission of certificates by electors.''.
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.
(a) In General.--Section 12 of title 3, United States Code, is
amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``and list'' each place it appears;
(3) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(4) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent'';
(5) by striking ``secretary of State'' and insert ``chief
election officer'';
(6) by striking ``lodged with him'' and inserting ``lodged
with such officer'';
(7) by striking ``his duty'' and inserting ``the duty of
such chief election officer of the State''; and
(8) by striking ``by registered mail'' and inserting ``by
the most expeditious method available''.
(b) Continued Failure.--Section 13 of title 3, United States Code,
is amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(3) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent''; and
(4) by striking ``that list'' and inserting ``that
certificate''.
(c) Elimination of Messenger's Penalty.--
(1) In general.--Title 3, United States Code, is amended by
striking section 14.
(2) Conforming amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 14.
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.
(a) In General.--Section 15 of title 3, United States Code, is
amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
``(a) In General.--Congress shall be in session on the sixth day of
January succeeding every meeting of the electors. The Senate and House
of Representatives shall meet in the Hall of the House of
Representatives at the hour of 1 o'clock in the afternoon on that day,
and the President of the Senate shall be their presiding officer.
``(b) Powers of the President of Senate.--
``(1) Ministerial in nature.--Except as otherwise provided
in this chapter, the role of the President of the Senate while
presiding over the joint session shall be limited to performing
solely ministerial duties.
``(2) Powers explicitly denied.--The President of the
Senate shall have no power to solely determine, accept, reject,
or otherwise adjudicate or resolve disputes over the proper
certificate of ascertainment of appointment of electors, the
validity of electors, or the votes of electors.
``(c) Appointment of Tellers.--At the joint session of the Senate
and House of Representatives described in subsection (a), there shall
be present two tellers previously appointed on the part of the Senate
and two tellers previously appointed on the part of the House of
Representatives by the presiding officers of the respective chambers.
``(d) Procedure at Joint Session Generally.--
``(1) In general.--The President of the Senate shall--
``(A) open the certificates and papers purporting
to be certificates of the votes of electors appointed
pursuant to a certificate of ascertainment of
appointment of electors issued pursuant to section 5,
in the alphabetical order of the States, beginning with
the letter A; and
``(B) upon opening any certificate, hand the
certificate and any accompanying papers to the tellers,
who shall read the same in the presence and hearing of
the two Houses.
``(2) Action on certificate.--
``(A) In general.--Upon the reading of each
certificate or paper, the President of the Senate shall
call for objections, if any.
``(B) Requirements for objections or questions.--
``(i) Objections.--No objection or other
question arising in the matter shall be in
order unless the objection or question--
``(I) is made in writing;
``(II) is signed by at least one-
fifth of the Senators duly chosen and
sworn and one-fifth of the Members of
the House of Representatives duly
chosen and sworn; and
``(III) in the case of an
objection, states clearly and
concisely, without argument, one of the
grounds listed under clause (ii).
``(ii) Grounds for objections.--The only
grounds for objections shall be as follows:
``(I) The electors of the State
were not lawfully certified under a
certificate of ascertainment of
appointment of electors according to
section 5(a)(1).
``(II) The vote of one or more
electors has not been regularly given.
``(C) Consideration of objections and questions.--
``(i) In general.--When all objections so
made to any vote or paper from a State, or
other question arising in the matter, shall
have been received and read, the Senate shall
thereupon withdraw, and such objections and
questions shall be submitted to the Senate for
its decision; and the Speaker of the House of
Representatives shall, in like manner, submit
such objections and questions to the House of
Representatives for its decision.
``(ii) Determination.--No objection or any
other question arising in the matter may be
sustained unless such objection or question is
sustained by separate concurring votes of each
House.
``(D) Reconvening.--When the two Houses have voted,
they shall immediately again meet, and the presiding
officer shall then announce the decision of the
questions submitted. No vote or paper from any other
State shall be acted upon until the objections
previously made to any vote or paper from any State ,
and other questions arising in the matter, shall have
been finally disposed of.
``(e) Rules for Tabulating Votes.--
``(1) Counting of votes.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) only the votes of electors who have
been appointed under a certificate of
ascertainment of appointment of electors issued
pursuant to section 5, or who have legally been
appointed to fill a vacancy of any such elector
pursuant to section 4, may be counted; and
``(ii) no vote of an elector described in
clause (i) which has been regularly given shall
be rejected.
``(B) Exception.--The vote of an elector who has
been appointed under a certificate of ascertainment of
appointment of electors issued pursuant to section 5
shall not be counted if--
``(i) there is an objection which meets the
requirements of subsection (d)(2)(B)(i); and
``(ii) each House affirmatively sustains
the objection as valid.
``(2) Determination of majority.--If the number of electors
lawfully appointed by any State pursuant to a certificate of
ascertainment of appointment of electors that is issued under
section 5 is fewer than the number of electors to which the
State is entitled under section 3, or if an objection the
grounds for which are described in subsection (d)(2)(B)(ii)(I)
has been sustained, the total number of electors appointed for
the purpose of determining a majority of the whole number of
electors appointed as required by the Twelfth Amendment to the
Constitution shall be reduced by the number of electors whom
the State has failed to appoint or as to whom the objection was
sustained.
``(3) List of votes by tellers; declaration of winner.--The
tellers shall make a list of the votes as they shall appear
from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be delivered
to the President of the Senate, who shall thereupon announce
the state of the vote, which announcement shall be deemed a
sufficient declaration of the persons, if any, elected
President and Vice President of the United States, and,
together with a list of the votes, be entered on the Journals
of the two Houses.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 15 and inserting the following:
``15. Counting electoral votes in Congress.''.
SEC. 110. RULES RELATING TO JOINT SESSION.
(a) Limit of Debate in Each House.--Section 17 of title 3, United
States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House
``When the two Houses separate to decide upon an objection pursuant
to section 15(d)(2)(C)(i) that may have been made to the counting of
any electoral vote or votes from any State, or other question arising
in the matter--
``(1) all such objections and questions permitted with
respect to such State shall be considered at such time;
``(2) each Senator and Representative may speak to such
objections or questions for up to five minutes, and not more
than once;
``(3) the total time for debate for all such objections and
questions with respect to such State shall not exceed two hours
in each House, equally divided and controlled by the Majority
Leader and Minority Leader, or their respective designees; and
``(4) at the close of such debate, it shall be the duty of
the presiding officer of each House to put each of the
objections and questions to a vote without further debate.''.
(b) Parliamentary Procedure.--Section 18 of title 3, United States
Code, is amended by inserting ``under section 15(d)(2)(C)(i)'' after
``motion to withdraw''.
(c) Conforming Amendments.--
(1) Sections 16 of title 3, United States Code, is amended
by striking ``meeting'' each place it appears in the text and
in the heading and inserting ``session''.
(2) Sections 18 of title 3, United States Code, is amended
by striking ``meeting'' each place it appears in the text and
in the heading and inserting ``session''.
(3) The table of contents for chapter 1 of title 3, United
States Code, is amended--
(A) by striking ``meeting'' in the item relating to
section 16 and inserting ``session''; and
(B) by striking ``meeting'' in the item relating to
section 18 and inserting ``session''.
SEC. 111. SEVERABILITY.
(a) In General.--Title 3, United States Code, is amended by
inserting after section 21 the following new section:
``Sec. 22. Severability
``If any provision of this chapter, or the application of a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this chapter, and the
application of the provisions to any person or circumstance,
shall not be affected by the holding.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by adding at the end the
following:
``22. Severability.''.
TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Presidential Transition
Improvement Act''.
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.
(a) In General.--Section 3 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended by striking subsection (c) and
inserting the following:
``(c)(1) Apparent Successful Candidates.--
``(A) In general.--For purposes of this Act, the `apparent
successful candidate' for the office of President and Vice
President, respectively, shall be determined as follows:
``(i) If all but one eligible candidate for the
office of President and one eligible candidate for the
office of Vice President, respectively, concede the
election, then the candidate for each such office who
has not conceded shall be the apparent successful
candidate for each such office.
``(ii) If, on the date that is 5 days after the
date of the election, more than one eligible candidate
for the office of President has not conceded the
election, then each of the remaining eligible
candidates for such office and the office of Vice
President who have not conceded shall be treated as the
apparent successful candidates until such time as a
single candidate for the office of President is treated
as the apparent successful candidate pursuant to clause
(iii) or clause (iv).
``(iii) If a single candidate for the office of
President or Vice President is determined by the
Administrator to meet the qualifications under
subparagraph (B), the Administrator may determine that
such candidate shall solely be treated as the apparent
successful candidate for that office until such time as
a single candidate for the office of President is
treated as the apparent successful candidate pursuant
to clause (iv).
``(iv) If a single candidate for the office of
President or Vice President is the apparent successful
candidate for such office under subparagraph (C), that
candidate shall solely be treated as the apparent
successful candidate for that office.
``(B) Interim discretionary qualifications.--On or after
the date that is 5 days after the date of the election, the
Administrator may determine that a single candidate for the
office of President or Vice President shall be treated as the
sole apparent successful candidate for that office pursuant to
subparagraph (A)(iii) if it is substantially certain the
candidate will receive a majority of the pledged votes of
electors, based on consideration of the following factors:
``(i) The results of the election for such office
in States in which significant legal challenges that
could alter the outcome of the election in the State
have been substantially resolved, such that the outcome
is substantially certain.
``(ii) The certified results of the election for
such office in States in which the certification is
complete.
``(iii) The results of the election for such office
in States in which there is substantial certainty of an
apparent successful candidate based on the totality of
the circumstances.
``(C) Mandatory qualifications.--
``(i) In general.--Notwithstanding subparagraph (A)
or (B), a candidate shall be the sole apparent
successful candidate for the office of President or
Vice President pursuant to subparagraph (A)(iv) for
purposes of this Act if--
``(I) the candidate receives a majority of
pledged votes of electors of such office based
on certifications by States of their final
canvass, and the conclusion of any recounts,
legal actions, or administrative actions
pertaining to the results of the election for
such office;
``(II) in the case where subclause (I) is
not met, the candidate receives a majority of
votes of electors of such office at the meeting
and vote of electors under section 7 of title
3, United States Code; or
``(III) in the case where neither subclause
(I) or (II) is met, the candidate is declared
as the person elected to such office at the
joint session of Congress under section 15 of
title 3, United States Code.
``(ii) Clarification if state unable to certify
election results or appoints more than one slate of
electors.--For purposes of subclauses (I) and (II) of
clause (i), if a State is unable to certify its
election results or a State appoints more than one
slate of electors, the votes of the electors of such
State shall not count towards meeting the
qualifications under such subclauses.
``(2) Period of Multiple Possible Apparent Successful Candidates.--
During any period in which there is more than one possible apparent
successful candidate for the office of President--
``(A) the Administrator is authorized to provide, upon
request, to each remaining eligible candidate for such office
and the office of Vice President described in paragraph
(1)(A)(ii) access to services and facilities pursuant to this
Act;
``(B) the Administrator, in conjunction with the Federal
Transition Coordinator designated under section 4(c) and the
senior career employee of each agency and senior career
employee of each major component and subcomponent of each
agency designated under subsection (f)(1) to oversee and
implement the activities of the agency, component, or
subcomponent relating to the Presidential transition, shall
make efforts to ensure that each such candidate is provided
equal access to agency information and spaces as requested
pursuant to this Act;
``(C) the Administrator shall provide weekly reports to
Congress containing a brief summary of the status of funds
being distributed to such candidates under this Act, the level
of access to agency information and spaces provided to such
candidates, and the status of such candidates with respect to
meeting the qualifications to be the apparent successful
candidate for the office of President or Vice President under
subparagraph (B) or (C) of paragraph (1); and
``(D) if a single candidate for the office of President or
Vice President is treated as the apparent successful candidate
for such office pursuant to subparagraph (A)(iii) or (A)(iv) of
paragraph (1), not later than 24 hours after such treatment is
effective, the Administrator shall make available to the public
a written statement that such candidate is treated as the sole
apparent successful candidate for such office for purposes of
this Act, including a description of the legal basis and
reasons for such treatment based on the qualifications under
subparagraph (B) or (C) of paragraph (1), as applicable.
``(3) Definition.--In this subsection, the term `eligible
candidate' has the meaning given that term in subsection (h)(4).''.
(b) Conforming Amendments.--The Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended--
(1) in section 3--
(A) in the heading, by striking ``presidents-elect
and vice-presidents-elect'' and inserting ``apparent
successful candidates'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``each President-
elect, each Vice-President-elect'' and
inserting ``each apparent successful
candidate for the office of President
and Vice President (as determined by
subsection (c))''; and
(II) by striking ``the President-
elect and Vice-President-elect'' and
inserting ``each such candidate'';
(ii) in paragraph (1)--
(I) by striking ``the President-
elect, the Vice-President-elect'' and
inserting ``the apparent successful
candidate''; and
(II) by striking ``the President-
elect or Vice-President-elect'' and
inserting ``the apparent successful
candidate'';
(iii) in paragraphs (2), (3), (4), and (5),
by striking ``the President-elect or Vice-
President-elect'' each place it appears and
inserting ``the apparent successful
candidate'';
(iv) in paragraph (4)(B), by striking ``the
President-elect, the Vice-President-elect, or
the designee of the President-elect or Vice-
President-elect'' and inserting ``the apparent
successful candidate or their designee'';
(v) in paragraph (8), in subparagraph
(A)(v) and (B), by striking ``the President-
elect'' and inserting ``the apparent successful
candidate for the office of President''; and
(vi) in paragraph (10)--
(I) by striking ``any President-
elect, Vice-President-elect, or
eligible candidate'' and inserting
``any apparent successful candidate or
eligible candidate''; and
(II) by striking ``the President-
elect and Vice President-elect'' and
inserting ``the apparent successful
candidates'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``the
President-elect or Vice-President-elect, or
after the inauguration of the President-elect
as President and the inauguration of the Vice-
President-elect as Vice President'' and
inserting ``the apparent successful candidates,
or after the inauguration of the apparent
successful candidate for the office of
President as President and the inauguration of
the apparent successful candidate for the
office of Vice President as Vice President'';
and
(ii) in paragraph (2), by striking ``the
President-elect, Vice-President-elect'' and
inserting ``the apparent successful
candidate'';
(D) in subsection (d)--
(i) in the first sentence, by striking
``Each President-elect'' and inserting ``Each
apparent successful candidate for the office of
President''; and
(ii) in the second sentence, by striking
``Each Vice-President-elect'' and inserting
``Each apparent successful candidate for the
office of Vice-President'';
(E) in subsection (e)--
(i) in the first sentence, by striking
``Each President-elect and Vice-President-
elect'' and inserting ``Each apparent
successful candidate''; and
(ii) in the second sentence, by striking
``any President-elect or Vice-President-elect
may be made upon the basis of a certificate by
him or the assistant designated by him'' and
inserting ``any apparent successful candidate
may be made upon the basis of a certificate by
the candidate or their designee'';
(F) in subsection (f)--
(i) in paragraph (1), by striking ``The
President-elect'' and inserting ``Any apparent
successful candidate for the office of
President''; and
(ii) in paragraph (2), by striking
``inauguration of the President-elect as
President and the inauguration of the Vice-
President-elect as Vice President'' and
inserting ``inauguration of the apparent
successful candidate for the office of
President as President and the inauguration of
the apparent successful candidate for the
office of Vice President as Vice President'';
(G) in subsection (g), by striking ``In the case
where the President-elect is the incumbent President or
in the case where the Vice-President-elect is the
incumbent Vice President'' and inserting ``In the case
where an apparent successful candidate for the office
of President is the incumbent President or in the case
where an apparent successful candidate for the office
of Vice President is the incumbent Vice President'';
(H) in subsection (h)--
(i) in paragraph (2)(B)(iv), by striking
``the President-elect or Vice-President-elect''
and inserting ``an apparent successful
candidate''; and
(ii) in paragraph (3)(B)(iii), by striking
``the President-elect or Vice-President-elect''
and inserting ``an apparent successful
candidate''; and
(I) in subsection (i)(3)(C)--
(i) in clause (i), by striking ``the
inauguration of the President-elect as
President and the inauguration of the Vice-
President-elect as Vice President'' and
inserting ``the inauguration of the apparent
successful candidate for the office of
President as President and the inauguration of
the apparent successful candidate for the
office of Vice President as Vice President'';
and
(ii) in clause (ii), by striking ``upon
request of the President-elect or the Vice-
President-elect'' and inserting ``upon request
of the apparent successful candidate'';
(2) in section 4--
(A) in subsection (e)--
(i) in paragraph (1)(B), by striking ``the
President-elect and Vice-President-elect'' and
inserting ``the apparent successful candidates
(as determined by section 3(c))''; and
(ii) in paragraph (4)(B), by striking ``the
President-elect is inaugurated'' and inserting
``the apparent successful candidate for the
office of President is inaugurated''; and
(B) in subsection (g)--
(i) in paragraph (3)(A), by striking ``the
President-elect'' and inserting ``the apparent
successful candidate for the office of
President''; and
(ii) in paragraph (3)(B)(ii)(III), by
striking ``the President-elect'' and inserting
``the apparent successful candidate for the
office of President'';
(3) in section 5, in the first sentence, by striking
``Presidents-elect and Vice-Presidents-elect'' and inserting
``apparent successful candidates (as determined by section
3(c))'';
(4) in section 6--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``The President-
elect and Vice-President-elect'' and
inserting ``Each apparent successful
candidate (as determined by section
3(c))''; and
(II) by striking ``the President-
elect or Vice-President-elect'' and
inserting ``the apparent successful
candidate'';
(ii) in paragraph (2), by striking ``The
President-elect and Vice-President-elect'' and
inserting ``Each apparent successful
candidate''; and
(iii) in paragraph (3)(A), by striking
``inauguration of the President-elect as
President and the Vice-President-elect as Vice
President'' and inserting ``inauguration of the
apparent successful candidate for the office of
President as President and the apparent
successful candidate for the office of Vice-
President as Vice President'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph
(A), by striking ``The President-elect and
Vice-President-elect'' and inserting ``Each
apparent successful candidate''; and
(ii) in subparagraph (A), by striking ``the
President-elect or Vice-President-elect's'' and
inserting ``the apparent successful
candidate's''; and
(C) in subsection (c), by striking ``The President-
elect and Vice-President-elect'' and inserting ``Each
apparent successful candidate''; and
(5) in section 7(a)(1), by striking ``the President-elect
and Vice President-elect'' and inserting ``the apparent
successful candidates''.
DIVISION Q--AVIATION RELATED MATTERS
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a pilot
program to provide grants that assist an eligible entity to plan for
the development and deployment of infrastructure necessary to
facilitate AAM operations, locally and regionally, within the United
States.
(b) Planning Grants.--
(1) In general.--The Secretary shall provide grants to
eligible entities to develop comprehensive plans under
paragraph (2) related to AAM infrastructure.
(2) Comprehensive plan.--
(A) In general.--Not later than 1 year after
receiving a grant under this subsection, an eligible
entity shall submit to the Secretary a comprehensive
plan, including the development of potential public use
or private-owned vertiport infrastructure, in a format
capable of being published on the website of the
Department of Transportation.
(B) Plan contents.--The Secretary shall establish
content requirements for comprehensive plans submitted
under this subsection, which shall include as many of
the following as possible:
(i) The identification of planned or
potential public use and private-owned
vertiport locations.
(ii) A description of infrastructure
necessary to support AAM operations.
(iii) A description of types of planned or
potential AAM operations and a forecast for
proposed vertiport operations, including
estimates for initial operations and future
growth.
(iv) The identification of physical and
digital infrastructure required to meet any
standards for vertiport design and performance
characteristics established by the Federal
Aviation Administration (as in effect on the
date on which the Secretary issues a grant to
an eligible entity), including modifications to
existing infrastructure and ground sensors,
electric charging or other fueling
requirements, electric utility requirements,
wireless and cybersecurity requirements, fire
safety, perimeter security, and other necessary
hardware or software.
(v) A description of any hazard associated
with planned or potential vertiport
infrastructure, such as handling of hazardous
materials, batteries, or other fuel cells,
charging or fueling of aircraft, aircraft
rescue and firefighting response, and emergency
planning.
(vi) A description of potential
environmental effects of planned or potential
construction or siting of vertiports, including
efforts to reduce potential aviation noise.
(vii) A description of how planned or
potential vertiport locations, including new or
repurposed infrastructure, fit into State and
local transportation systems and networks,
including--
(I) connectivity to existing public
transportation hubs and intermodal and
multimodal facilities for AAM
operations;
(II) opportunities to create new
service to rural areas and areas
underserved by air transportation; or
(III) any potential conflict with
existing aviation infrastructure that
may arise from the planned or potential
location of the vertiport.
(viii) A description of how vertiport
planning will be incorporated in State or
metropolitan planning documents.
(ix) The identification of the process an
eligible entity will undertake to ensure an
adequate level of engagement with any
potentially impacted community for each planned
or potential vertiport location and planned or
potential AAM operations, such as engagement
with communities in rural areas, underserved
communities, Tribal communities, individuals
with disabilities, or racial and ethnic
minorities to address equity of access.
(x) The identification of State, local, or
private sources of funding an eligible entity
may use to assist with the construction or
operation of a vertiport.
(xi) The identification of existing Federal
aeronautical and airspace requirements that
must be met for the eligible entity's planned
or potential vertiport location.
(xii) The identification of the actions
necessary for an eligible entity to undertake
the construction of a vertiport, such as
planning studies to assess existing
infrastructure, environmental studies, studies
of projected economic benefit to the community,
lease or acquisition of an easement or land for
new infrastructure, and activities related to
other capital costs.
(3) Application.--To apply for a grant under this
subsection, an eligible entity shall provide to the Secretary
an application in such form, at such time, and containing such
information as the Secretary may require.
(4) Selection.--
(A) In general.--In awarding grants under this
subsection, the Secretary shall consider the following:
(i) Geographic diversity.
(ii) Diversity of the proposed models of
infrastructure financing and management.
(iii) Diversity of proposed or planned AAM
operations.
(iv) The need for comprehensive plans
that--
(I) ensure the safe and efficient
integration of AAM operations into the
National Airspace System;
(II) improve transportation safety,
connectivity, access, and equity in
both rural and urban regions in the
United States;
(III) leverage existing public
transportation systems and intermodal
and multimodal facilities;
(IV) reduce surface congestion and
the environmental impacts of
transportation;
(V) grow the economy and create
jobs in the United States; and
(VI) encourage community engagement
when planning for AAM-related
infrastructure.
(B) Priority.--The Secretary shall prioritize
awarding grants under this subsection to eligible
entities that collaborate with commercial AAM entities,
institutions of higher education, research
institutions, or other relevant stakeholders to develop
and prepare a comprehensive plan.
(C) Minimum allocation to rural areas.--The
Secretary shall ensure that not less than 20 percent of
the amounts made available under subsection (c) are
used to award grants to eligible entities that submit a
comprehensive plan under paragraph (2) that is related
to infrastructure located in a rural area.
(5) Grant amount.--Each grant made under this subsection
shall be made in an amount that is not more than $1,000,000.
(6) Briefing.--
(A) In general.--Not later than 180 days after the
first comprehensive plan is submitted under paragraph
(2), and every 180 days thereafter through September
30, 2025, the Secretary shall provide a briefing to the
appropriate committees of Congress on the comprehensive
plans submitted to the Secretary under such paragraph.
(B) Contents.--The briefing required under
subparagraph (A) shall include--
(i) an evaluation of all planned or
potential vertiport locations included in the
comprehensive plans submitted under paragraph
(2) and how such planned or potential vertiport
locations may fit into the overall United
States transportation system and network; and
(ii) a description of lessons or best
practices learned through the review of
comprehensive plans and how the Secretary will
incorporate any such lessons or best practices
into Federal standards or guidance for the
design and operation of AAM infrastructure and
facilities.
(c) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this section $12,500,000 for each
of fiscal years 2023 and 2024, to remain available until
expended.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may retain up to 1 percent
for personnel, contracting, and other costs to establish and
administer the pilot program under this section.
(d) Termination.--
(1) In general.--No grant may be awarded under this section
after September 30, 2024.
(2) Continued funding.--Funds authorized to be appropriated
pursuant to subsection (c) may be expended after September 30,
2024--
(A) for grants awarded prior to September 30, 2024;
and
(B) for administrative expenses.
(e) Definitions.--In this section:
(1) Advanced air mobility; aam.--The terms ``advanced air
mobility'' and ``AAM'' have the meaning given such terms in
section 2(i) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Commercial aam entities.--The term ``commercial AAM
entities'' means--
(A) manufacturers of aircraft, avionics, propulsion
systems, and air traffic management systems related to
AAM;
(B) intended commercial operators of AAM aircraft
and systems; and
(C) intended commercial operators and developers of
vertiports.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government, including
a political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the entities
described in subparagraphs (A) through (E).
(5) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 5303(b) of title 49, United States Code.
(6) Rural area.--The term ``rural area'' means an area
located outside a metropolitan statistical area (as designated
by the Office of Management and Budget).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and
Guam.
(9) Vertiport.--The term ``vertiport'' means a designated
location used or intended to be used to support AAM operations,
including the landing, take-off, loading, taxiing, parking, and
storage of aircraft developed for AAM operations.
(10) Vertical take-off and landing aircraft.--The term
``vertical take-off and landing aircraft'' has the meaning
given such term in section 2(i) of the Advanced Air Mobility
Coordination and Leadership Act (49 U.S.C. 40101 note).
(f) Rule of Construction.--Nothing in this section may be construed
as conferring upon any person, State, local, or Tribal government the
authority to determine the safety of any AAM operation or the
feasibility of simultaneous operations by AAM and conventional aircraft
within any given area of the national airspace system.
SEC. 102. SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP PROGRAM.
(a) Short Title.--This section may be cited as the ``Samya Rose
Stumo National Air Grant Fellowship Program Act of 2022''.
(b) Designation.--
(1) In general.--Section 131 of division V of the
Consolidated Appropriations Act of 2021 (49 U.S.C. 40101 note)
is amended--
(A) in the section heading, by inserting ``samya
rose stumo'' before ``national air grant fellowship
program'';
(B) in the paragraph heading of subsection (a)(4),
by inserting ``Samya rose stumo'' before ``National air
grant fellowship program''; and
(C) by inserting ``Samya Rose Stumo'' before
``National Air Grant Fellowship Program'' each place it
appears.
(2) Clerical amendment.--Section 101(b) of division V of
the Consolidated Appropriations Act of 2021 (Public Law 116-
260) is amended by striking the item relating to section 131
and by inserting the following:
``Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program.''.
(c) References.--On and after the date of enactment of this
section, any reference in a law, regulation, document, paper, or other
record of the United States to the ``National Air Grant Fellowship
Program'' shall be deemed to be a reference to the ``Samya Rose Stumo
National Air Grant Fellowship Program''.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the lives of 189 passengers and crew, who died in the
Lion Air Flight 610 crash on October 29, 2018, are commemorated
and recognized, including, but not limited to, Captain Bhavye
Suneja, First Officer Harvino, Permadi Anggrimulja, Liu
Chandra, Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel
Suhardja Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony,
Dwinanto, Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu
Fajariyadi Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti
Nuraini, Henry Heuw, Khotijah, Jannatun Cintya Dewi, Ammad
Mughni, Sudibyo Onggowardoyo, Shintia Melina, Citra Novita
Anggelia Putri, Alviani Hidayatul Solikha, Damayanti Simarmata,
Mery Yulyanda, Putri Yuniarsi, Putty Fatikah Rani, Tan Toni,
Tami Julian, Moedjiono, Deny Maula, Michelle Vergina Bonkal,
Mathew Darryl Bongkal, Adonia Magdiel Bonkal, Fiona Ayu Zen S,
Agil Nugroho Septian, Wahyu Alldilla, Xherdan Fachredzi, Deryl
Fida Febrianto, Bambang Rosali Usman, Nikki Bagus Santoso,
Andrea Manfredi, Muhammad Luthfi Nurrandhani, Shandy Johan
Ramadhan, Muchtar Rasyid, Rebiyanti, Eka Suganda, Yulia
Silvianti, Syahrudin, Sekar Maulana, Fais Saleh Harharah,
Natalia Setiawan, Alfiani Hidayatul Solikah, Robert Susanto,
Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian, Arif Yustian,
Vicky Ardian, Wanto, and Verian Utama;
(2) the life of Samya Rose Stumo and the lives of 156
passengers and crew who died in the Ethiopian Airlines Flight
302 crash on March 10, 2019, are commemorated and recognized,
including, but not limited to, Abdishakur Shahad, Abdullahi
Mohammed, Adam Kornaski, Adam Mbicha, Professor Agnes W.
Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama
Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail
Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela
Rehhorn, Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last
name unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit,
Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu,
Bernard Musembi Mutua, Captain Yared Getachew, Carolyne
Karanja, Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric
Asiavugwa, Chunming Jack Wang, Cosmas Kipngetich Rogony, CP
Christine Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner,
Djordje Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab,
Dr. Manisha Nukavarapu, Ekta Adhikari, Elsabet Menwyelet,
Father George Mukua, First Officer Ahmednur Mohammed, Ayantu
Girma, Sara Gebre Michael, Carlo Spini, Gabriella Viciani,
George Kabau, George Kabugi, George Kamau Thugge, Getnet
Alemayehu, GaoShuang, Ghislaine De Claremont, Harina Hafitz,
Siraje Hussein Abdi, Hussein Swaleh, Isaac Mwangi, Isabella
Beryl Achieng Jaboma, Jackson Musoni, Jared Babu Mwazo, Mercy
Ngami Ndivo, Jessica Hyba, Joanna Toole, Jonathan Seex, Jordi
Dalmau Sayol, Josefin Ekermann, Joseph Kuria Waithaka, Julia
Mwashi, Karim Saafi, Karoline Aadland, Kodjo Glato, Marcelino
Rassul Tayob, Marie Philipp, Maria Pilar Buzzetti, Matthew
Vecere, Max Thabiso Edkins, Mel Riffel, Micah John Messent,
Michael Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta
Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia Adam Abaker Ali,
Oliver Vick, Paolo Dieci, Peter DeMarsh, Professor Adesanmi,
Saad Khalaf Al-Mutairi, Sam Pegram, Sara Chalachew, Sarah
Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku,
Sintayehu Shafi Balaker, Sofia Faisal Abdulkadir, Stephanie
Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie, Anthony
Wanjohi Ngare, United States Army Captain Antoine Lewis,
Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, WangHeo,
Xavier Fricaudet, Yekaterina Polyakova, Alexander Polyako, Zhen
Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini Vaidya, Joseph
Waithaka, Blanka Hrnko, Martin Hrnko, Michala Hrnko, Sergei
Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy Al-Azab
Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid Farrag
Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin Yetao,
Derick Lwugi, Reverend Sister Florence Wangari Yongi, Melvin
Riffel, Mwazo Mercy Ngami, Reverend Norman Tendis, and Pius
Adesanmi;
(3) the life of Indonesian diver Syachrul Anto, who died
during search and rescue recovery operations in the aftermath
of the Lion Air Flight 610 crash, is commemorated and
recognized; and
(4) the Senate and the House of Representatives express
their condolences to the families, friends, and loved ones of
those who died on Lion Air Flight 610 and Ethiopian Airlines
Flight 302 and commend their ongoing advocacy to advance
aviation safety for the flying public at large.
SEC. 103. TEMPORARY INSURANCE FOR AIR CARRIERS FOR CERTAIN TERMINATED
COVERAGE.
(a) In General.--Chapter 443 of title 49, United States Code, is
amended by inserting after section 44302 the following:
``Sec. 44302a. Temporary insurance
``(a) In General.--The Secretary may provide insurance or
reinsurance under this section to or for an air carrier for 1 coverage
period not to exceed 90 days. Except as otherwise provided in this
section, such insurance or reinsurance shall be subject to the
requirements of this chapter.
``(b) Restrictions.--A policy for insurance or reinsurance issued
under this section--
``(1) may not be issued unless the insurance carrier of the
air carrier has unilaterally terminated the air carrier's war
risk liability coverage pursuant to--
``(A) notice under the policy;
``(B) an endorsement to the policy; or
``(C) an automatic termination provision in the
policy or any endorsement thereto; and
``(2) may cover hull, comprehensive, and third party
liability risks.
``(c) Premium.--A premium for insurance or reinsurance provided
under this section shall be calculated based on a prorated amount
equivalent to the premium that was in effect under the terminated
insurance carrier policy.
``(d) Approval.--A policy for insurance or reinsurance provided
under this section--
``(1) shall be exempt from the requirements of section
44302(c); and
``(2) may provide coverage to the extent allowed under
section 44303, as determined by the Secretary, notwithstanding
any determination by the President in subsection (a)(1) of such
section.''.
(b) Conforming Amendments.--
(1) General authority.--Section 44303(a) of title 49,
United States Code, is amended by striking ``section 44302''
and inserting ``sections 44302 and 44302a''.
(2) Ending effective date.--Section 44310(a) of title 49,
United States Code, is amended by striking ``section 44305''
and inserting ``sections 44302a and 44305''.
(c) Clerical Amendment.--The analysis for chapter 443 of title 49,
United States Code, is amended by inserting after the item relating to
section 44302 the following:
``44302a. Temporary insurance.''.
SEC. 104. REMOVAL OF RESTRICTION ON VETERANS CONCURRENTLY SERVING IN
THE OFFICES OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR OF
THE FEDERAL AVIATION ADMINISTRATION.
Section 106(d)(1) of title 49, United States Code, is amended by
striking ``, a retired regular officer of an armed force, or a former
regular officer of an armed force''.
SEC. 105. NATIONAL AVIATION PREPAREDNESS PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this section, the Secretary of Transportation, in coordination with
the Secretary of Health and Human Services, the Secretary of Homeland
Security, and the heads of such other Federal departments or agencies
as the Secretary of Transportation considers appropriate, shall develop
a national aviation preparedness plan for communicable disease
outbreaks.
(b) Contents of Plan.--The plan developed under subsection (a)
shall, at a minimum--
(1) provide airports and air carriers with an adaptable and
scalable framework with which to align the individual plans,
including the emergency response plans, of such airports and
air carriers and provide guidance as to each individual plan;
(2) improve coordination among airports, air carriers, the
Transportation Security Administration, U.S. Customs and Border
Protection, the Centers for Disease Control and Prevention,
other appropriate Federal entities, and State and local
governments and health agencies with respect to preparing for
and responding to communicable disease outbreaks;
(3) to the extent practicable, improve coordination among
relevant international entities;
(4) create a process to identify appropriate personal
protective equipment, if any, for covered employees to reduce
the likelihood of exposure to a covered communicable disease,
and thereafter issue recommendations for the equipage of such
employees;
(5) create a process to identify appropriate techniques,
strategies, and protective infrastructure, if any, for the
cleaning, disinfecting, and sanitization of aircraft and
enclosed facilities owned, operated, or used by an air carrier
or airport, and thereafter issue recommendations pertaining to
such techniques, strategies, and protective infrastructure;
(6) create a process to evaluate technologies and develop
procedures to effectively screen passengers for communicable
diseases, including through the use of temperature checks if
appropriate, for domestic and international passengers, crew
members, and other individuals passing through airport security
checkpoints;
(7) identify and assign Federal agency roles in the
deployment of emerging and existing technologies and solutions
to reduce covered communicable diseases in the aviation
ecosystem;
(8) clearly delineate the responsibilities of the sponsors
and operators of airports, air carriers, and Federal agencies
in responding to a covered communicable disease;
(9) incorporate, as appropriate, the recommendations made
by the Comptroller General of the United States to the
Secretary of Transportation contained in the report titled
``Air Travel and Communicable Diseases: Comprehensive Federal
Plan Needed for U.S. Aviation System's Preparedness'', issued
in December 2015 (GAO-16-127);
(10) consider the latest peer-reviewed scientific studies
that address communicable disease with respect to air
transportation; and
(11) consider funding constraints.
(c) Consultation.--When developing the plan under subsection (a),
the Secretary of Transportation shall consult with aviation industry
and labor stakeholders, including representatives of--
(1) air carriers, which shall include domestic air carriers
consisting of major air carriers, low-cost carriers, regional
air carriers and cargo carriers;
(2) airport operators, including with respect to large hub,
medium hub, small hub, and nonhub commercial service airports;
(3) labor organizations that represent airline pilots,
flight attendants, air carrier airport customer service
representatives, and air carrier maintenance, repair, and
overhaul workers;
(4) the labor organization certified under section 7111 of
title 5, United States Code, as the exclusive bargaining
representative of air traffic controllers of the Federal
Aviation Administration;
(5) the labor organization certified under such section as
the exclusive bargaining representative of airway
transportation systems specialists and aviation safety
inspectors of the Federal Aviation Administration;
(6) trade associations representing air carriers and
airports;
(7) aircraft manufacturing companies;
(8) general aviation; and
(9) such other stakeholders as the Secretary considers
appropriate.
(d) Report.--Not later than 30 days after the plan is developed
under subsection (a), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that includes such plan.
(e) Review of Plan.--Not later than 1 year after the date on which
a report is submitted under subsection (d), and again not later than 5
years thereafter, the Secretary shall review the plan included in such
report and, after consultation with aviation industry and labor
stakeholders, make changes by rule as the Secretary considers
appropriate.
(f) GAO Study.--Not later than 18 months after the date of
enactment of this section, the Comptroller General shall conduct and
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study assessing the national aviation
preparedness plan developed under subsection (a), including--
(1) whether such plan--
(A) is responsive to any previous recommendations
relating to aviation preparedness with respect to an
outbreak of a covered communicable disease or global
health emergency made by the Comptroller General; and
(B) meets the obligations of the United States
under international conventions and treaties; and
(2) the extent to which the United States aviation system
is prepared to respond to an outbreak of a covered communicable
disease.
(g) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee''
means--
(A) an individual whose job duties require
interaction with air carrier passengers on a regular
and continuing basis and who is an employee of--
(i) an air carrier;
(ii) an air carrier contractor;
(iii) an airport; or
(iv) the Federal Government; or
(B) an air traffic controller or systems safety
specialist of the Federal Aviation Administration.
(2) Covered communicable disease.--The term ``covered
communicable disease'' means a communicable disease that has
the potential to cause a future epidemic or pandemic of
infectious disease that would constitute a public health
emergency of international concern as declared, after the date
of enactment of this section, by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d).
(3) Temperature check.--The term ``temperature check''
means the screening of an individual for a fever.
SEC. 106. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Secretary of Transportation shall establish the
Aerospace Supply Chain Resiliency Task Force (in this section referred
to as the ``Task Force'') to--
(1) identify and assess risks to United States aerospace
supply chains, including the availability of raw materials and
critical manufactured goods, with respect to--
(A) major end items produced by the aerospace
industry; and
(B) the infrastructure of the National Airspace
System; and
(2) identify best practices and make recommendations to
mitigate risks identified under paragraph (1) and support a
robust United States aerospace supply chain.
(b) Membership.--
(1) In general.--The Secretary shall appoint not more than
21 individuals to the Task Force.
(2) Composition.--In appointing individuals to the Task
Force, the Secretary shall appoint:
(A) At least 1 individual representing each of the
following:
(i) Manufacturers of aircraft.
(ii) Manufacturers of avionics.
(iii) Manufacturers of aircraft propulsion
systems.
(iv) Manufacturers of aircraft structures.
(v) Manufacturers of communications,
navigation, and surveillance equipment used for
the provision of air traffic services.
(vi) Manufacturers of commercial space
transportation launch vehicles.
(vii) Commercial air carriers.
(viii) General aviation operators.
(ix) Rotorcraft operators.
(x) Unmanned aircraft system operators.
(xi) Aircraft maintenance providers.
(xii) Aviation safety organizations.
(B) At least 1 individual representing certified
labor representatives of each of the following:
(i) Aircraft mechanics.
(ii) Aircraft engineers.
(iii) Aircraft manufacturers.
(iv) Airway transportation system
specialists employed by the Federal Aviation
Administration.
(C) Individuals with expertise in logistics,
economics, supply chain management, or another field or
discipline related to the resilience of industrial
supply chains.
(c) Activities.--In carrying out the responsibilities of the Task
Force described in subsection (a), the Task Force shall--
(1) engage with the aerospace industry to document trends
in changes to production throughput and lead times of major end
items produced by the aerospace industry;
(2) determine the extent to which United States aerospace
supply chains are potentially exposed to significant
disturbances, including the existence of and potential for
supply chain issues such as chokepoints, bottlenecks, or
shortages that could prevent or inhibit the production or flow
of major end items and services;
(3) explore new solutions to resolve such supply chain
issues identified under paragraph (2), including through the
use of--
(A) existing aerospace infrastructure; and
(B) aerospace infrastructure, manufacturing
capabilities, and production capacities in small or
rural communities;
(4) evaluate the potential for the introduction and
integration of advanced technology to--
(A) relieve such supply chain issues; and
(B) fill such gaps;
(5) utilize, to the maximum extent practicable, existing
supply chain studies, reports, and materials in carrying out
the activities described in this subsection; and
(6) provide recommendations to address, manage, and relieve
such supply chain issues.
(d) Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Task Force shall convene at such times and places, and by such
means, as the Secretary determines to be appropriate, which may
include the use of remote conference technology.
(2) Timing.--The Task Force shall convene for an initial
meeting not later than 120 days after the date of enactment of
this section and at least every 90 days thereafter.
(e) Reports to Congress.--
(1) Report of task force.--
(A) In general.--Not later than 1 year after the
date of the initial meeting of the Task Force, the Task
Force shall submit to the appropriate committees of
Congress a report on the activities of the Task Force.
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) best practices and recommendations
identified pursuant to subsection (a)(2);
(ii) a detailed description of the findings
of the Task Force pursuant to the activities
required by subsection (c); and
(iii) recommendations of the Task Force, if
any, for regulatory, policy, or legislative
action to improve Government efforts to reduce
barriers, mitigate risk, and bolster the
resiliency of United States aerospace supply
chains.
(2) Report of secretary.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary shall submit a report to the appropriate committees
of Congress on the status or implementation of recommendations
of the Task Force included in the report required under
paragraph (1).
(f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force.
(g) Sunset.--The Task Force shall terminate upon the submission of
the report required by subsection (e)(1).
(h) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Major end item.--The term ``major end item'' means--
(A) an aircraft;
(B) an aircraft engine or propulsion system;
(C) communications, navigation, or surveillance
equipment used in the provision of air traffic
services; and
(D) any other end item the manufacture and
operation of which has a significant effect on air
commerce, as determined by the Secretary.
SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS.
(a) In General.--Section 44729(a) of title 49, United States Code,
is amended by striking ``covered operations until attaining 65 years of
age.'' and inserting the following: ``covered operations described in
subsection (b)(1) until attaining 65 years of age. Air carriers that
employ pilots who serve in covered operations described in subsection
(b)(2) may elect to implement an age restriction to prohibit employed
pilots from serving in such covered operations after attaining 70 years
of age by delivering written notice to the Administrator of the Federal
Aviation Administration. Such election--
``(1) shall take effect 1 year after the date of delivery
of written notice of the election; and
``(2) may not be terminated after the date on which such
election takes effect by the air carrier.''.
(b) Covered Operations.--Section 44729(b) of title 49, United
States Code, is amended by striking ``means operations under part 121
of title 14, Code of Federal Regulations.'' and inserting the
following: ``means--
``(1) operations under part 121 of title 14, Code of
Federal Regulations; or
``(2) operations by a person that--
``(A) holds an air carrier certificate issued
pursuant to part 119 of title 14, Code of Federal
Regulations, to conduct operations under part 135 of
such title;
``(B) holds management specifications under subpart
K of title 91 of title 14, Code of Federal Regulations;
and
``(C) performed an aggregate total of at least
75,000 turbojet operations in calendar year 2019 or any
subsequent year.''.
(c) Protection for Compliance.--An action or election taken in
conformance with the amendments made by this section, or taken in
conformance with a regulation issued to carry out the amendments made
by this section, may not serve as a basis for liability or relief in a
proceeding brought under any employment law or regulation before any
court or agency of the United States or of any State or locality.
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
SEC. 101. SHORT TITLE.
This division may be cited as the ``No TikTok on Government Devices
Act''.
SEC. 102. PROHIBITION ON THE USE OF TIKTOK.
(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an entity
owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent with
the information security requirements under subchapter II of
chapter 35 of title 44, United States Code, shall develop
standards and guidelines for executive agencies requiring the
removal of any covered application from information technology.
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities,
national security interests and activities, and
security researchers; and
(B) for any authorized use of a covered application
under an exception, requirements for executive agencies
to develop and document risk mitigation actions for
such use.
DIVISION S--OCEANS RELATED MATTERS
TITLE I--DRIFTNET MODERNIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Driftnet Modernization and Bycatch
Reduction Act''.
SEC. 102. DEFINITION.
Section 3(25) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with
a mesh size of 14 inches or greater,'' after ``more''.
SEC. 103. FINDINGS AND POLICY.
(a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) within the exclusive economic zone, large-scale
driftnet fishing that deploys nets with large mesh sizes causes
significant entanglement and mortality of living marine
resources, including myriad protected species, despite
limitations on the lengths of such nets.''.
(b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(c)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) prioritize the phase out of large-scale driftnet
fishing in the exclusive economic zone and promote the
development and adoption of alternative fishing methods and
gear types that minimize the incidental catch of living marine
resources.''.
SEC. 104. TRANSITION PROGRAM.
Section 206 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1826) is amended by adding at the end the
following--
``(i) Fishing Gear Transition Program.--
``(1) In general.--During the 5-year period beginning on
the date of enactment of the Driftnet Modernization and Bycatch
Reduction Act, the Secretary shall conduct a transition program
to facilitate the phase-out of large-scale driftnet fishing and
adoption of alternative fishing practices that minimize the
incidental catch of living marine resources, and shall award
grants to eligible permit holders who participate in the
program.
``(2) Permissible uses.--Any permit holder receiving a
grant under paragraph (1) may use such funds only for the
purpose of covering--
``(A) any fee originally associated with a permit
authorizing participation in a large-scale driftnet
fishery, if such permit is surrendered for permanent
revocation, and such permit holder relinquishes any
claim associated with the permit;
``(B) a forfeiture of fishing gear associated with
a permit described in subparagraph (A); or
``(C) the purchase of alternative gear with minimal
incidental catch of living marine resources, if the
fishery participant is authorized to continue fishing
using such alternative gears.
``(3) Certification.--The Secretary shall certify that,
with respect to each participant in the program under this
subsection, any permit authorizing participation in a large-
scale driftnet fishery has been permanently revoked and that no
new permits will be issued to authorize such fishing.''.
SEC. 105. EXCEPTION.
Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before
the semicolon the following: ``, unless such large-scale driftnet
fishing--
``(i) deploys, within the exclusive
economic zone, a net with a total length of
less than two and one-half kilometers and a
mesh size of 14 inches or greater; and
``(ii) is conducted within 5 years of the
date of enactment of the Driftnet Modernization
and Bycatch Reduction Act''.
SEC. 106. FEES.
(a) In General.--The North Pacific Fishery Management Council may
recommend, and the Secretary of Commerce may approve, regulations
necessary for the collection of fees from charter vessel operators who
guide recreational anglers who harvest Pacific halibut in International
Pacific Halibut Commission regulatory areas 2C and 3A as those terms
are defined in part 300 of title 50, Code of Federal Regulations (or
any successor regulations).
(b) Use of Fees.--Any fees collected under this section shall be
available for the purposes of--
(1) financing administrative costs of the Recreational
Quota Entity program;
(2) the purchase of halibut quota shares in International
Pacific Halibut Commission regulatory areas 2C and 3A by the
recreational quota entity authorized in part 679 of title 50,
Code of Federal Regulations (or any successor regulations);
(3) halibut conservation and research; and
(4) promotion of the halibut resource by the recreational
quota entity authorized in part 679 of title 50, Code of
Federal Regulations (or any successor regulations).
(c) Limitation on Collection and Availability.--Fees shall be
collected and available pursuant to this section only to the extent and
in such amounts as provided in advance in appropriations Acts, subject
to subsection (d).
(d) Fee Collected During Start-up Period.--Notwithstanding
subsection (c), fees may be collected through the date of enactment of
an Act making appropriations for the activities authorized under this
Act through September 30, 2023, and shall be available for obligation
and remain available until expended.
TITLE II--FISHERY RESOURCE DISASTERS IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fishery Resource Disasters
Improvement Act''.
SEC. 202. FISHERY RESOURCE DISASTER RELIEF.
Section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
``(a) Fishery Resource Disaster Relief.--
``(1) Definitions.--In this subsection:
``(A) Allowable cause.--The term `allowable cause'
means a natural cause, discrete anthropogenic cause, or
undetermined cause, including a cause that occurred not
more than 5 years prior to the date of a request for a
fishery resource disaster determination that affected
such applicable fishery.
``(B) Anthropogenic cause.--The term `anthropogenic
cause' means an anthropogenic event, such as an oil
spill or spillway opening--
``(i) that could not have been addressed or
prevented by fishery management measures; and
``(ii) that is otherwise beyond the control
of fishery managers to mitigate through
conservation and management measures, including
regulatory restrictions imposed as a result of
judicial action or to protect human health or
marine animals, plants, or habitats.
``(C) Fishery resource disaster.--The term `fishery
resource disaster' means a disaster that is determined
by the Secretary in accordance with this subsection
and--
``(i) is an unexpected large decrease in
fish stock biomass or other change that results
in significant loss of access to the fishery
resource, which may include loss of fishing
vessels and gear for a substantial period of
time and results in significant revenue loss or
negative subsistence impact due to an allowable
cause; and
``(ii) does not include--
``(I) reasonably predictable,
foreseeable, and recurrent fishery
cyclical variations in species
distribution or stock abundance; or
``(II) reductions in fishing
opportunities resulting from
conservation and management measures
taken pursuant to this Act.
``(D) Indian tribe.--The term `Indian Tribe' has
the meaning given such term in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130), and the term `Tribal' means of or
pertaining to such an Indian tribe.
``(E) Natural cause.--The term `natural cause'--
``(i) means a weather, climatic, hazard, or
biology-related event, such as--
``(I) a hurricane;
``(II) a flood;
``(III) a harmful algal bloom;
``(IV) a tsunami;
``(V) a hypoxic zone;
``(VI) a drought;
``(VII) El Nino effects on water
temperature;
``(VIII) a marine heat wave; or
``(IX) disease; and
``(ii) does not mean a normal or cyclical
variation in a species distribution or stock
abundance.
``(F) 12-month revenue loss.--The term `12-month
revenue loss' means the percentage reduction, as
applicable, in commercial, charter, headboat, or
processor revenue for the affected fishery for the 12
months during which the fishery resource disaster
occurred, when compared to average annual revenue in
the most recent 5 years when no fishery resource
disaster occurred or equivalent for stocks with
cyclical life histories.
``(G) Undetermined cause.--The term `undetermined
cause' means a cause in which the current state of
knowledge does not allow the Secretary to identify the
exact cause, and there is no current conclusive
evidence supporting a possible cause of the fishery
resource disaster.
``(2) General authority.--
``(A) In general.--The Secretary shall have the
authority to determine the existence, extent, and
beginning and end dates of a fishery resource disaster
under this subsection in accordance with this
subsection.
``(B) Availability of funds.--After the Secretary
determines that a fishery resource disaster has
occurred, the Secretary is authorized to make sums
available, from funds appropriated for such purposes,
to be used by the affected State, Indian Tribe, or
interstate marine fisheries commission, or by the
Secretary in cooperation with the affected State,
Indian Tribe, or interstate marine fisheries
commission.
``(C) Savings clause.--The requirements under this
paragraph and paragraphs (3), (4), and (5) shall take
effect only with respect to fishery resource disaster
determination requests submitted after the date of
enactment of the Fishery Resource Disasters Improvement
Act.
``(3) Initiation of a fishery resource disaster review.--
``(A) Eligible requesters.--
``(i) In general.--If the Secretary has not
independently determined that a fishery
resource disaster has occurred, a request for a
fishery resource disaster determination may be
submitted to the Secretary at any time, but not
later than the applicable date determined under
clause (ii), by--
``(I) the Governor of an affected
State;
``(II) an official resolution of an
Indian Tribe; or
``(III) any other comparable
elected or politically appointed
representative as determined by the
Secretary.
``(ii) Applicable date.--The applicable
date under this clause shall be--
``(I) 1 year after the date of the
conclusion of the fishing season;
``(II) in the case of a distinct
cause that occurs during more than 1
consecutive fishing season, 2 years
after the date of the conclusion of the
fishing season for which the request
for a fishery resource disaster
determination is made; or
``(III) in the case of a complete
fishery closure, 1 year after the date
on which that closure is determined by
the Secretary.
``(B) Required information.--A complete request for
a fishery resource disaster determination under
subparagraph (A) shall include--
``(i) identification of all presumed
affected fish stocks;
``(ii) identification of the fishery as
Federal, non-Federal, or both;
``(iii) the geographical boundaries of the
fishery, as determined by the eligible
requester, including geographic boundaries that
are smaller than the area represented by the
eligible requester;
``(iv) preliminary information on causes of
the fishery resource disaster, if known; and
``(v) information needed to support a
finding of a fishery resource disaster,
including--
``(I) information demonstrating the
occurrence of an unexpected large
decrease in fish stock biomass or other
change that results in significant loss
of access to the fishery resource,
which could include the loss of fishing
vessels and gear, for a substantial
period of time;
``(II) significant--
``(aa) 12-month revenue
loss for the affected fishery;
or
``(bb) negative subsistence
impact for the affected
fishery, or if a fishery
resource disaster has occurred
at any time in the previous 5-
year period, the most recent 5
years when no fishery resource
disaster occurred;
``(III) if applicable, information
on lost resource tax revenues assessed
by local communities, such as a raw
fish tax and local sourcing
requirements; and
``(IV) if applicable and available,
information on affected fishery 12-
month revenue loss for charter,
headboat, or processors related to the
information provided under subclause
(I), subject to section 402(b).
``(C) Assistance.--The Secretary may provide data
and analysis assistance to an eligible requester
described in paragraph (1), if--
``(i) the assistance is so requested;
``(ii) the Secretary is in possession of
the required information described in
subparagraph (B); and
``(iii) the data is not available to the
requester, in carrying out the complete request
under subparagraph (B).
``(D) Initiation of review.--The Secretary shall
have the discretion to initiate a fishery resource
disaster review without a request.
``(4) Review process.--
``(A) Interim response.--Not later than 20 days
after receipt of a request under paragraph (3), the
Secretary shall provide an interim response to the
individual that--
``(i) acknowledges receipt of the request;
``(ii) provides a regional contact within
the National Oceanographic and Atmospheric
Administration;
``(iii) outlines the process and timeline
by which a request shall be considered; and
``(iv) requests additional information
concerning the fishery resource disaster, if
the original request is considered incomplete.
``(B) Evaluation of requests.--
``(i) In general.--The Secretary shall
complete a review, within the time frame
described in clause (ii), using the best
scientific information available, in
consultation with the affected fishing
communities, States, or Indian Tribes, of--
``(I) the information provided by
the requester and any additional
information relevant to the fishery,
which may include--
``(aa) fishery
characteristics;
``(bb) stock assessments;
``(cc) the most recent
fishery independent surveys and
other fishery resource
assessments and surveys
conducted by Federal, State, or
Tribal officials;
``(dd) estimates of
mortality; and
``(ee) overall effects; and
``(II) the available economic
information, which may include an
analysis of--
``(aa) landings data;
``(bb) revenue;
``(cc) the number of
participants involved;
``(dd) the number and type
of jobs and persons impacted,
which may include--
``(AA) fishers;
``(BB) charter
fishing operators;
``(CC) subsistence
users;
``(DD) United
States fish processors;
and
``(EE) an owner of
a related fishery
infrastructure or
business affected by
the disaster, such as a
marina operator,
recreational fishing
equipment retailer, or
charter, headboat, or
tender vessel owner,
operator, or crew;
``(ee) an impacted Indian
Tribe;
``(ff) other forms of
disaster assistance made
available to the fishery,
including prior awards of
disaster assistance for the
same event;
``(gg) the length of time
the resource, or access to the
resource, has been restricted;
``(hh) status of recovery
from previous fishery resource
disasters;
``(ii) lost resource tax
revenues assessed by local
communities, such as a raw fish
tax; and
``(jj) other appropriate
indicators to an affected
fishery, as determined by the
National Marine Fisheries
Service.
``(ii) Time frame.--The Secretary shall
complete the review described in clause (i), if
the fishing season, applicable to the fishery--
``(I) has concluded or there is no
defined fishing season applicable to
the fishery, not later than 120 days
after the Secretary receives a complete
request for a fishery resource disaster
determination;
``(II) has not concluded, not later
than 120 days after the conclusion of
the fishing season; or
``(III) is expected to be closed
for the entire fishing season, not
later than 120 days after the Secretary
receives a complete request for a
fishery resource disaster
determination.
``(C) Fishery resource disaster determination.--The
Secretary shall make the determination of a fishery
resource disaster based on the criteria for
determinations listed in paragraph (5).
``(D) Notification.--Not later than 14 days after
the conclusion of the review under this paragraph, the
Secretary shall notify the requester and the Governor
of the affected State or Indian Tribe representative of
the determination of the Secretary.
``(5) Criteria for determinations.--
``(A) In general.--The Secretary shall make a
determination about whether a fishery resource disaster
has occurred, based on the revenue loss thresholds
under subparagraph (B), and, if a fishery resource
disaster has occurred, whether the fishery resource
disaster was due to--
``(i) a natural cause;
``(ii) an anthropogenic cause;
``(iii) a combination of a natural cause
and an anthropogenic cause; or
``(iv) an undetermined cause.
``(B) Revenue loss thresholds.--
``(i) In general.--Based on the information
provided or analyzed under paragraph (4)(B),
the Secretary shall apply the following 12-
month revenue loss thresholds in determining
whether a fishery resource disaster has
occurred:
``(I) Losses greater than 80
percent may result in a positive
determination that a fishery resource
disaster has occurred, based on the
information provided or analyzed under
paragraph (4)(B).
``(II) Losses between 35 percent
and 80 percent shall be evaluated to
determine whether economic impacts are
severe enough to determine that a
fishery resource disaster has occurred.
``(III) Losses less than 35 percent
shall not be eligible for a
determination that a fishery resource
disaster has occurred.
``(ii) Charter fishing.--In making a
determination of whether a fishery resource
disaster has occurred, the Secretary shall
consider the economic impacts to the charter
fishing industry to ensure financial coverage
for charter fishing businesses.
``(iii) Negative subsistence impacts.--In
considering negative subsistence impacts, the
Secretary shall evaluate the severity of
negative impacts to the fishing community
instead of applying the revenue loss thresholds
described in clause (i).
``(C) Ineligible fisheries.--A fishery subject to
overfishing in any of the 3 years preceding the date of
a determination under this subsection is not eligible
for a determination of whether a fishery resource
disaster has occurred unless the Secretary determines
that overfishing was not a contributing factor to the
fishery resource disaster.
``(D) Exceptional circumstances.--In an exceptional
circumstance where substantial economic impacts to the
affected fishery and fishing community have been
subject to a disaster declaration under another
statutory authority, such as in the case of a natural
disaster or from the direct consequences of a Federal
action taken to prevent, or in response to, a natural
disaster for purposes of protecting life and safety,
the Secretary may determine a fishery resource disaster
has occurred without a request, notwithstanding the
requirements under subparagraph (B) and paragraph (3).
``(6) Disbursal of appropriated funds.--
``(A) Authorization.--The Secretary shall allocate
funds available under paragraph (9) for fishery
resource disasters.
``(B) Allocation of appropriated fishery resource
disaster assistance.--
``(i) Notification of funding
availability.--When there are appropriated
funds for 1 or more fishery resource disasters,
the Secretary shall notify--
``(I) the public; and
``(II) representatives of affected
fishing communities with a positive
disaster determination that is
unfunded;
of the availability of funds, not more than 14
days after the date of the appropriation or the
determination of a fishery resource disaster,
whichever occurs later.
``(ii) Extension of deadline.--The
Secretary may extend the deadline under clause
(i) by 90 days to evaluate and make
determinations on eligible requests.
``(C) Considerations.--In determining the
allocation of appropriations for a fishery resource
disaster, the Secretary shall consider commercial,
charter, headboat, or seafood processing revenue losses
and negative impacts to subsistence or Indian Tribe
ceremonial fishing opportunity, for the affected
fishery, and may consider the following factors:
``(i) Direct economic impacts.
``(ii) Uninsured losses.
``(iii) Losses of recreational fishing
opportunity.
``(iv) Aquaculture operations revenue loss.
``(v) Direct revenue losses to a fishing
community.
``(vi) Treaty obligations.
``(vii) Other economic impacts.
``(D) Spend plans.--To receive an allocation from
funds available under paragraph (9), a requester with
an affirmative fishery resource disaster determination
shall submit a spend plan to the Secretary, not more
than 120 days after receiving notification that funds
are available, that shall include the following
information, if applicable:
``(i) Objectives and outcomes, with an
emphasis on addressing the factors contributing
to the fishery resource disaster and minimizing
future uninsured losses, if applicable.
``(ii) Statement of work.
``(iii) Budget details.
``(E) Regional contact.--If so requested, the
Secretary shall provide a regional contact within the
National Oceanic and Atmospheric Administration to
facilitate review of spend plans and disbursal of
funds.
``(F) Disbursal of funds.--
``(i) Availability.--Funds shall be made
available to grantees not later than 90 days
after the date the Secretary receives a
complete spend plan.
``(ii) Method.--The Secretary may provide
an allocation of funds under this subsection in
the form of a grant, direct payment,
cooperative agreement, loan, or contract.
``(iii) Eligible uses.--
``(I) In general.--Funds allocated
for fishery resources disasters under
this subsection shall restore the
fishery affected by such a disaster,
prevent a similar disaster in the
future, or assist the affected fishing
community, and shall prioritize the
following uses, which are not in order
of priority:
``(aa) Habitat conservation
and restoration and other
activities, including
scientific research, that
reduce adverse impacts to the
fishery or improve
understanding of the affected
species or its ecosystem.
``(bb) The collection of
fishery information and other
activities that improve
management of the affected
fishery.
``(cc) In a commercial
fishery, capacity reduction and
other activities that improve
management of fishing effort,
including funds to offset
budgetary costs to refinance a
Federal fishing capacity
reduction loan or to repay the
principal of a Federal fishing
capacity reduction loan.
``(dd) Developing,
repairing, or improving
fishery-related public
infrastructure.
``(ee) Direct assistance to
a person, fishing community
(including assistance for lost
fisheries resource levies), or
a business to alleviate
economic loss incurred as a
direct result of a fishery
resource disaster, particularly
when affected by a circumstance
described in paragraph (5)(D)
or by negative impacts to
subsistence or Indian Tribe
ceremonial fishing opportunity.
``(ff) Hatcheries and stock
enhancement to help rebuild the
affected stock or offset
fishing pressure on the
affected stock.
``(II) Displaced fishery
employees.--Where appropriate,
individuals carrying out the activities
described in items (aa) through (dd) of
subclause (I) shall be individuals who
are, or were, employed in a commercial,
charter, or Indian Tribe fishery for
which the Secretary has determined that
a fishery resource disaster has
occurred.
``(7) Limitations.--
``(A) Federal share.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), the Federal share of
the cost of any activity carried out under the
authority of this subsection shall not exceed
75 percent of the cost of that activity.
``(ii) Waiver.--The Secretary may waive the
non-Federal share requirements of this
subsection, if the Secretary determines that--
``(I) no reasonable means are
available through which the recipient
of the Federal share can meet the non-
Federal share requirement; and
``(II) the probable benefit of 100
percent Federal financing outweighs the
public interest in imposition of the
non-Federal share requirement.
``(iii) Exception.--The Federal share shall
be equal to 100 percent in the case of--
``(I) direct assistance as
described in paragraph
(6)(F)(iii)(I)(ee); or
``(II) assistance to subsistence or
Tribal fisheries.
``(B) Limitations on administrative expenses.--
``(i) Federal.--Not more than 3 percent of
the funds available under this subsection may
be used for administrative expenses by the
National Oceanographic and Atmospheric
Administration.
``(ii) State governments or indian
tribes.--Of the funds remaining after the use
described in clause (i), not more than 5
percent may be used by States, Indian Tribes,
or interstate marine fisheries commissions for
administrative expenses.
``(C) Fishing capacity reduction program.--
``(i) In general.--No funds available under
this subsection may be used as part of a
fishing capacity reduction program in a fishery
unless the Secretary determines that adequate
conservation and management measures are in
place in such fishery.
``(ii) Assistance conditions.--As a
condition of providing assistance under this
subsection with respect to a vessel under a
fishing capacity reduction program, the
Secretary shall--
``(I) prohibit the vessel from
being used for fishing in Federal,
State, or international waters; and
``(II) require that the vessel be--
``(aa) scrapped or
otherwise disposed of in a
manner approved by the
Secretary;
``(bb) donated to a
nonprofit organization and
thereafter used only for
purposes of research,
education, or training; or
``(cc) used for another
non-fishing purpose provided
the Secretary determines that
adequate measures are in place
to ensure that the vessel
cannot reenter any fishery
anywhere in the world.
``(D) No fishery endorsement.--
``(i) In general.--A vessel that is
prohibited from fishing under subparagraph
(C)(ii)(I) shall not be eligible for a fishery
endorsement under section 12113(a) of title 46,
United States Code.
``(ii) Noneffective.--A fishery endorsement
for a vessel described in clause (i) shall not
be effective.
``(iii) No sale.--A vessel described in
clause (i) shall not be sold to a foreign owner
or reflagged.
``(8) Public information on data collection.--The Secretary
shall make available and update as appropriate, information on
data collection and submittal best practices for the
information described in paragraph (4)(B).
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$377,000,000 for the period of fiscal years 2023 through
2027.''.
SEC. 203. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
(a) Repeal.--Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
(b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
460ss note) is amended--
(1) in the paragraph heading, by striking ``Annual report''
and inserting ``Report'';
(2) in the matter preceding subparagraph (A), by striking
``Not later than 2 years after the date of enactment of this
Act, and annually thereafter'' and inserting ``Not later than 2
years after the date of enactment of the Fishery Resource
Disasters Improvement Ac, and biennially thereafter''; and
(3) in subparagraph (D), by striking ``the calendar year
2003'' and inserting ``the most recent''.
SEC. 204. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
(a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107) is repealed.
(b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15
U.S.C. 632(k)(1)) is amended by striking ``(as determined by the
Secretary of Commerce under section 308(b) of the Interjurisdictional
Fisheries Act of 1986)'' and inserting ``(as determined by the
Secretary of Commerce under the Fishery Resource Disasters Improvement
Act)''.
SEC. 205. BUDGET REQUESTS; REPORTS.
(a) Budget Request.--In the budget justification materials
submitted to Congress in support of the budget of the Department of
Commerce for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code), the
Secretary of Commerce shall include a separate statement of the amount
for each outstanding unfunded fishery resource disasters.
(b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction
Agreements.--
(1) In general.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) is amended--
(A) in section 202(h), by striking paragraph (3);
and
(B) in section 206--
(i) by striking subsections (e) and (f);
and
(ii) by redesignating subsections (g) and
(h) as subsections (e) and (f), respectively.
(2) Biennial report on international compliance.--Section
607 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826h) is amended--
(A) by inserting ``(a) In General.--'' before ``The
Secretary'' and indenting appropriately; and
(B) by adding at the end the following:
``(b) Additional Information.--In addition to the information
described in paragraphs (1) through (5) of subsection (a), the report
shall include--
``(1) a description of the actions taken to carry out the
provisions of section 206 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826), including--
``(A) an evaluation of the progress of those
efforts, the impacts on living marine resources,
including available observer data, and specific plans
for further action;
``(B) a list and description of any new fisheries
developed by nations that conduct, or authorize their
nationals to conduct, large-scale driftnet fishing
beyond the exclusive economic zone of any nation; and
``(C) a list of the nations that conduct, or
authorize their nationals to conduct, large-scale
driftnet fishing beyond the exclusive economic zone of
any nation in a manner that diminishes the
effectiveness of or is inconsistent with any
international agreement governing large-scale driftnet
fishing to which the United States is a party or
otherwise subscribes; and
``(2) a description of the actions taken to carry out the
provisions of section 202(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1822(h)).
``(c) Certification.--If, at any time, the Secretary, in
consultation with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, identifies any nation
that warrants inclusion in the list described under subsection
(b)(1)(C), due to large scale drift net fishing, the Secretary shall
certify that fact to the President. Such certification shall be deemed
to be a certification for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
TITLE III--ALASKA SALMON RESEARCH TASK FORCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Alaska Salmon Research Task Force
Act''.
SEC. 302. PURPOSES.
The purposes of this title are--
(1) to ensure that Pacific salmon trends in Alaska
regarding productivity and abundance are characterized and that
research needs are identified;
(2) to prioritize scientific research needs for Pacific
salmon in Alaska;
(3) to address the increased variability or decline in
Pacific salmon returns in Alaska by creating a coordinated
salmon research strategy; and
(4) to support collaboration and coordination for Pacific
salmon conservation efforts in Alaska.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) salmon are an essential part of Alaska's fisheries,
including subsistence, commercial, and recreational uses, and
there is an urgent need to better understand the freshwater and
marine biology and ecology of salmon, a migratory species that
crosses many borders, and for a coordinated salmon research
strategy to address salmon returns that are in decline or
experiencing increased variability;
(2) salmon are an essential element for the well-being and
health of Alaskans; and
(3) there is a unique relationship between people of
Indigenous heritage and the salmon they rely on for subsistence
and traditional and cultural practices.
SEC. 304. ALASKA SALMON RESEARCH TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Governor of Alaska, shall convene an Alaska Salmon Research Task Force
(referred to in this section as the ``Research Task Force'') to--
(1) review existing Pacific salmon research in Alaska;
(2) identify applied research needed to better understand
the increased variability and declining salmon returns in some
regions of Alaska; and
(3) support sustainable salmon runs in Alaska.
(b) Composition and Appointment.--
(1) In general.--The Research Task Force shall be composed
of not fewer than 13 and not more than 19 members, who shall be
appointed under paragraphs (2) and (3).
(2) Appointment by secretary.--The Secretary of Commerce
shall appoint members to the Research Task Force as follows:
(A) One representative from each of the following:
(i) The National Oceanic and Atmospheric
Administration who is knowledgeable about
salmon and salmon research efforts in Alaska.
(ii) The North Pacific Fishery Management
Council.
(iii) The United States section of the
Pacific Salmon Commission.
(B) Not less than 2 and not more than 5
representatives from each of the following categories,
at least 2 of whom shall represent Alaska Natives who
possess personal knowledge of, and direct experience
with, subsistence uses in rural Alaska, to be appointed
with due regard to differences in regional perspectives
and experience:
(i) Residents of Alaska who possess
personal knowledge of, and direct experience
with, subsistence uses in rural Alaska.
(ii) Alaska fishing industry
representatives throughout the salmon supply
chain, including from--
(I) directed commercial fishing;
(II) recreational fishing;
(III) charter fishing;
(IV) seafood processors;
(V) salmon prohibited species catch
(bycatch) users; or
(VI) hatcheries.
(C) 5 representatives who are academic experts in
salmon biology, salmon ecology (marine and freshwater),
salmon habitat restoration and conservation, or
comprehensive marine research planning in the North
Pacific.
(3) Appointment by the governor of alaska.--The Governor of
Alaska shall appoint to the Research Task Force one
representative from the State of Alaska who is knowledgeable
about the State of Alaska's salmon research efforts.
(c) Duties.--
(1) Review.--The Research Task Force shall--
(A) conduct a review of Pacific salmon science
relevant to understanding salmon returns in Alaska,
including an examination of--
(i) traditional ecological knowledge of
salmon populations and their ecosystems;
(ii) marine carrying capacity and density
dependent constraints, including an examination
of interactions with other salmon species, and
with forage base in marine ecosystems;
(iii) life-cycle and stage-specific
mortality;
(iv) genetic sampling and categorization of
population structure within salmon species in
Alaska;
(v) methods for predicting run-timing and
stock sizes;
(vi) oceanographic models that provide
insight into stock distribution, growth, and
survival;
(vii) freshwater, estuarine, and marine
processes that affect survival of smolts;
(viii) climate effects on freshwater and
marine habitats;
(ix) predator/prey interactions between
salmon and marine mammals or other predators;
and
(x) salmon productivity trends in other
regions, both domestic and international, that
put Alaska salmon populations in a broader
geographic context; and
(B) identify scientific research gaps in
understanding the Pacific salmon life cycle in Alaska.
(2) Report.--Not later than 1 year after the date the
Research Task Force is convened, the Research Task Force shall
submit to the Secretary of Commerce, the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the House of
Representatives, and the Alaska State Legislature, and make
publicly available, a report--
(A) describing the review conducted under paragraph
(1); and
(B) that includes--
(i) recommendations on filling knowledge
gaps that warrant further scientific inquiry;
and
(ii) findings from the reports of work
groups submitted under subsection (d)(2)(C).
(d) Administrative Matters.--
(1) Chairperson and vice chairperson.--The Research Task
Force shall select a Chair and Vice Chair by vote from among
the members of the Research Task Force.
(2) Work groups.--
(A) In general.--The Research Task Force--
(i) not later than 30 days after the date
of the establishment of the Research Task
Force, shall establish a work group focused
specifically on the research needs associated
with salmon returns in the AYK (Arctic-Yukon-
Kuskokwim) regions of Western Alaska; and
(ii) may establish additional regionally or
stock focused work groups within the Research
Task Force, as members determine appropriate.
(B) Composition.--Each work group established under
this subsection shall--
(i) consist of not less than 5 individuals
who--
(I) are knowledgeable about the
stock or region under consideration;
and
(II) need not be members of the
Research Task Force; and
(ii) be balanced in terms of stakeholder
representation, including commercial,
recreational, and subsistence fisheries, as
well as experts in statistical, biological,
economic, social, or other scientific
information as relevant to the work group's
focus.
(C) Reports.--Not later than 9 months after the
date the Research Task Force is convened, each work
group established under this subsection shall submit a
report with the work group's findings to the Research
Task Force.
(3) Compensation.--Each member of the Research Task Force
shall serve without compensation.
(4) Administrative support.--The Secretary of Commerce
shall provide such administrative support as is necessary for
the Research Task Force and its work groups to carry out their
duties, which may include support for virtual or in-person
participation and travel expenses.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Research Task Force.
SEC. 305. DEFINITION OF PACIFIC SALMON.
In this title, the term ``Pacific salmon'' means salmon that
originates in Alaskan waters.
TITLE IV--IUU TECHNICAL CORRECTIONS
SEC. 401. IUU TECHNICAL CORRECTIONS.
The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.) is amended--
(1) in section 609--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(2) in section 610--
(A) in subsection (b)--
(i) in paragraph (2), by inserting ``and''
after the semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as
paragraph (3); and
(B) in subsection (c)(4)--
(i) in subparagraph (A), by inserting
``and'' after the semicolon;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C).
DIVISION T--SECURE 2.0 ACT OF 2022
SEC. 1. SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the ``SECURE 2.0
Act of 2022''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
TITLE I--EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS
SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.
(a) In General.--Subpart B of part I of subchapter D of chapter 1
is amended by inserting after section 414 the following new section:
``SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
``(a) In General.--Except as otherwise provided in this section--
``(1) an arrangement shall not be treated as a qualified
cash or deferred arrangement described in section 401(k) unless
such arrangement meets the automatic enrollment requirements of
subsection (b), and
``(2) an annuity contract otherwise described in section
403(b) which is purchased under a salary reduction agreement
shall not be treated as described in such section unless such
agreement meets the automatic enrollment requirements of
subsection (b).
``(b) Automatic Enrollment Requirements.--
``(1) In general.--An arrangement or agreement meets the
requirements of this subsection if such arrangement or
agreement is an eligible automatic contribution arrangement (as
defined in section 414(w)(3)) which meets the requirements of
paragraphs (2) through (4).
``(2) Allowance of permissible withdrawals.--An eligible
automatic contribution arrangement meets the requirements of
this paragraph if such arrangement allows employees to make
permissible withdrawals (as defined in section 414(w)(2)).
``(3) Minimum contribution percentage.--
``(A) In general.--An eligible automatic
contribution arrangement meets the requirements of this
paragraph if--
``(i) the uniform percentage of
compensation contributed by the participant
under such arrangement during the first year of
participation is not less than 3 percent and
not more than 10 percent (unless the
participant specifically elects not to have
such contributions made or to have such
contributions made at a different percentage),
and
``(ii) effective for the first day of each
plan year starting after each completed year of
participation under such arrangement such
uniform percentage is increased by 1 percentage
point (to at least 10 percent, but not more
than 15 percent) unless the participant
specifically elects not to have such
contributions made or to have such
contributions made at a different percentage.
``(B) Initial reduced ceiling for certain plans.--
In the case of any eligible automatic contribution
arrangement (other than an arrangement that meets the
requirements of paragraph (12) or (13) of section
401(k)), for plan years ending before January 1, 2025,
subparagraph (A)(ii) shall be applied by substituting
`10 percent' for `15 percent'.
``(4) Investment requirements.--An eligible automatic
contribution arrangement meets the requirements of this
paragraph if amounts contributed pursuant to such arrangement,
and for which no investment is elected by the participant, are
invested in accordance with the requirements of section
2550.404c-5 of title 29, Code of Federal Regulations (or any
successor regulations).
``(c) Exceptions.--For purposes of this section--
``(1) Simple plans.--Subsection (a) shall not apply to any
simple plan (within the meaning of section 401(k)(11)).
``(2) Exception for plans or arrangements established
before enactment of section.--
``(A) In general.--Subsection (a) shall not apply
to--
``(i) any qualified cash or deferred
arrangement established before the date of the
enactment of this section, or
``(ii) any annuity contract purchased under
a plan established before the date of the
enactment of this section.
``(B) Post-enactment adoption of multiple employer
plan.--Subparagraph (A) shall not apply in the case of
an employer adopting after such date of enactment a
plan maintained by more than one employer, and
subsection (a) shall apply with respect to such
employer as if such plan were a single plan.
``(3) Exception for governmental and church plans.--
Subsection (a) shall not apply to any governmental plan (within
the meaning of section 414(d)) or any church plan (within the
meaning of section 414(e)).
``(4) Exception for new and small businesses.--
``(A) New business.--Subsection (a) shall not apply
to any qualified cash or deferred arrangement, or any
annuity contract purchased under a plan, while the
employer maintaining such plan (and any predecessor
employer) has been in existence for less than 3 years.
``(B) Small businesses.--Subsection (a) shall not
apply to any qualified cash or deferred arrangement, or
any annuity contract purchased under a plan, earlier
than the date that is 1 year after the close of the
first taxable year with respect to which the employer
maintaining the plan normally employed more than 10
employees.
``(C) Treatment of multiple employer plans.--In the
case of a plan maintained by more than 1 employer,
subparagraphs (A) and (B) shall be applied separately
with respect to each such employer, and all such
employers to which subsection (a) applies (after the
application of this paragraph) shall be treated as
maintaining a separate plan for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part I of subchapter D of chapter 1 is amended by inserting after the
item relating to section 414 the following new item:
``Sec. 414A. Requirements related to automatic enrollment.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2024.
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN
STARTUP COSTS.
(a) Increase in Credit Percentage for Smaller Employers.--Section
45E(e) of is amended by adding at the end the following new paragraph:
``(4) Increased credit for certain small employers.--In the
case of an employer which would be an eligible employer under
subsection (c) if section 408(p)(2)(C)(i) was applied by
substituting `50 employees' for `100 employees', subsection (a)
shall be applied by substituting `100 percent' for `50
percent'.''.
(b) Additional Credit for Employer Contributions by Certain Small
Employers.--Section 45E, as amended by subsection (a), is amended by
adding at the end the following new subsection:
``(f) Additional Credit for Employer Contributions by Certain
Eligible Employers.--
``(1) In general.--In the case of an eligible employer, the
credit allowed for the taxable year under subsection (a)
(determined without regard to this subsection) shall be
increased by an amount equal to the applicable percentage of
employer contributions (other than any elective deferrals (as
defined in section 402(g)(3)) by the employer to an eligible
employer plan (other than a defined benefit plan (as defined in
section 414(j))).
``(2) Limitations.--
``(A) Dollar limitation.--The amount determined
under paragraph (1) (before the application of
subparagraph (B)) with respect to any employee of the
employer shall not exceed $1,000.
``(B) Credit phase-in.--In the case of any eligible
employer which had for the preceding taxable year more
than 50 employees, the amount determined under
paragraph (1) (without regard to this subparagraph)
shall be reduced by an amount equal to the product of--
``(i) the amount otherwise so determined
under paragraph (1), multiplied by
``(ii) a percentage equal to 2 percentage
points for each employee of the employer for
the preceding taxable year in excess of 50
employees.
``(C) Wage limitation.--
``(i) In general.--No contributions with
respect to any employee who receives wages from
the employer for the taxable year in excess of
$100,000 may be taken into account for such
taxable year under subparagraph (A).
``(ii) Wages.--For purposes of the
preceding sentence, the term `wages' has the
meaning given such term by section 3121(a).
``(iii) Inflation adjustment.--In the case
of any taxable year beginning in a calendar
year after 2023, the $100,000 amount under
clause (i) shall be increased by an amount
equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2007' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount as adjusted under this clause is
not a multiple of $5,000, such amount shall be
rounded to the next lowest multiple of $5,000.
``(3) Applicable percentage.--For purposes of this section,
the applicable percentage for the taxable year during which the
eligible employer plan is established with respect to the
eligible employer shall be 100 percent, and for taxable years
thereafter shall be determined under the following table:
``In the case of the following The 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 purposes of this subsection, whether an
employer is an eligible employer and the number of employees of
an employer shall be determined under the rules of subsection
(c), except that paragraph (2) thereof shall only apply to the
taxable year during which the eligible employer plan to which
this section applies is established with respect to the
eligible employer.''.
(c) Disallowance of Deduction.--Section 45E(e)(2) is amended to
read as follows:
``(2) Disallowance of deduction.--No deduction shall be
allowed--
``(A) for that portion of the qualified startup
costs paid or incurred for the taxable year which is
equal to so much of the portion of the credit
determined under subsection (a) as is properly
allocable to such costs, and
``(B) for that portion of the employer
contributions by the employer for the taxable year
which is equal to so much of the credit increase
determined under subsection (f) as is properly
allocable to such contributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 103. SAVER'S MATCH.
(a) In General.--Subchapter B of chapter 65 is amended by adding at
the end the following new section:
``SEC. 6433. SAVER'S MATCH.
``(a) In General.--
``(1) Allowance of match.--Any eligible individual who
makes qualified retirement savings contributions for the
taxable year shall be allowed a matching contribution for such
taxable year in an amount equal to the applicable percentage of
so much of the qualified retirement savings contributions made
by such eligible individual for the taxable year as does not
exceed $2,000.
``(2) Payment of match.--
``(A) In general.--Except as provided in
subparagraph (B), the matching contribution under this
section shall be allowed as a credit which shall be
payable by the Secretary as a contribution (as soon as
practicable after the eligible individual has filed a
tax return making a claim for such matching
contribution for the taxable year) to the applicable
retirement savings vehicle of the eligible individual.
``(B) Exception.--In the case of an eligible
individual who elects the application of this
subparagraph and with respect to whom the matching
contribution determined under paragraph (1) is greater
than zero but less than $100 for the taxable year,
subparagraph (A) shall not apply and such matching
contribution shall be treated as a credit allowed by
subpart C of part IV of subchapter A of chapter 1.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall
be reduced (but not below zero) by the number of percentage
points which bears the same ratio to 50 percentage points as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a whole
percentage point, such reduction shall be rounded to the next
lowest whole percentage point.
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns and surviving spouses.--Except
as provided in subparagraph (B)--
``(i) the applicable dollar amount is
$41,000, and
``(ii) the phaseout range is $30,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in
section 2(b)), the applicable dollar amount and
the phaseout range shall be \3/4\ of the
amounts applicable under subparagraph (A) (as
adjusted under subsection (h)), and
``(ii) any taxpayer who is not filing a
joint return, who is not a head of a household
(as so defined), and who is not a surviving
spouse (as defined in section 2(a)), the
applicable dollar amount and the phaseout range
shall be \1/2\ of the amounts applicable under
subparagraph (A) (as so adjusted).
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as of
the close of the taxable year.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a
deduction under section 151 is allowed to another
taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins,
and
``(B) any individual who is a student (as defined
in section 152(f)(2)).
``(3) Nonresident aliens not eligible.--The term `eligible
individual' shall not include any individual who is a
nonresident alien individual for any portion of the taxable
year unless such individual is treated for such taxable year as
a resident of the United States for purposes of chapter 1 by
reason of an election under subsection (g) or (h) of section
6013.
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section--
``(1) In general.--The term `qualified retirement savings
contributions' means, with respect to any taxable year, the sum
of--
``(A) the amount of the qualified retirement
contributions (as defined in section 219(e)) made by
the eligible individual,
``(B) the amount of--
``(i) any elective deferrals (as defined in
section 402(g)(3)) of such individual, and
``(ii) any elective deferral of
compensation by such individual under an
eligible deferred compensation plan (as defined
in section 457(b)) of an eligible employer
described in section 457(e)(1)(A), and
``(C) the amount of voluntary employee
contributions by such individual to any qualified
retirement plan (as defined in section 4974(c)).
Such term shall not include any amount attributable to a
payment under subsection (a)(2).
``(2) Reduction for certain distributions.--
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) for a
taxable year shall be reduced (but not below zero) by
the aggregate distributions received by the individual
during the testing period from any entity of a type to
which contributions under paragraph (1) may be made.
``(B) Testing period.--For purposes of subparagraph
(A), the testing period, with respect to a taxable
year, is the period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year
and before the due date (including extensions)
for filing the return of tax for such taxable
year.
``(C) Excepted distributions.--There shall not be
taken into account under subparagraph (A)--
``(i) any distribution referred to in
section 72(p), 401(k)(8), 401(m)(6), 402(g)(2),
404(k), or 408(d)(4),
``(ii) any distribution to which section
408(d)(3) or 408A(d)(3) applies, and
``(iii) any portion of a distribution if
such portion is transferred or paid in a
rollover contribution (as defined in section
402(c), 403(a)(4), 403(b)(8), 408A(e), or
457(e)(16)) to an account or plan to which
qualified retirement savings contributions can
be made.
``(D) Treatment of distributions received by spouse
of individual.--For purposes of determining
distributions received by an individual under
subparagraph (A) for any taxable year, any distribution
received by the spouse of such individual shall be
treated as received by such individual if such
individual and spouse file a joint return for such
taxable year and for the taxable year during which the
spouse receives the distribution.
``(e) Applicable Retirement Savings Vehicle.--
``(1) In general.--The term `applicable retirement savings
vehicle' means an account or plan elected by the eligible
individual under paragraph (2).
``(2) Election.--Any such election to have contributed the
amount determined under subsection (a) shall be to an account
or plan which--
``(A) is--
``(i) the portion of a plan which--
``(I) is described in clause (v) of
section 402(c)(8)(B), is a qualified
cash or deferred arrangement (within
the meaning of section 401(k)), or is
an annuity contract described in
section 403(b) which is purchased under
a salary reduction agreement, and
``(II) does not consist of a
qualified Roth contribution program (as
defined in section 402A(b)), or
``(ii) an individual retirement plan which
is not a Roth IRA,
``(B) is for the benefit of the eligible
individual,
``(C) accepts contributions made under this
section, and
``(D) is designated by such individual (in such
form and manner as the Secretary may provide).
``(f) Other Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income--
``(A) determined without regard to sections 911,
931, and 933, and
``(B) determined without regard to any exclusion or
deduction allowed for any qualified retirement savings
contribution made during the taxable year.
``(2) Treatment of contributions.--In the case of any
contribution under subsection (a)(2)--
``(A) except as otherwise provided in this section
or by the Secretary under regulations, such
contribution shall be treated as--
``(i) an elective deferral made by the
individual, if contributed to an applicable
retirement savings vehicle described in
subsection (e)(2)(A)(i), or
``(ii) as an individual retirement plan
contribution made by such individual, if
contributed to such a plan,
``(B) such contribution shall not be taken into
account with respect to any applicable limitation under
sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B),
408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall
be disregarded for purposes of sections 401(a)(4),
401(k)(3), 401(k)(11)(B)(i)(III), and 416, and
``(C) such contribution shall not be treated as an
amount that may be paid, made available, or
distributable to the participant under section
401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or
457(d)(1)(A)(iii).
``(3) Treatment of qualified plans, etc.--A plan or
arrangement to which a contribution is made under this section
shall not be treated as violating any requirement under section
401, 403, 408, or 457 solely by reason of accepting such
contribution.
``(4) Erroneous matching contributions.--
``(A) In general.--If any contribution is
erroneously paid under subsection (a)(2), including a
payment that is not made to an applicable retirement
savings vehicle, the amount of such erroneous payment
shall be treated as an underpayment of tax (other than
for purposes of part II of subchapter A of chapter 68)
for the taxable year in which the Secretary determines
the payment is erroneous.
``(B) Distribution of erroneous matching
contributions.--In the case of a contribution to which
subparagraph (A) applies--
``(i) section 402(a), 403(a)(1), 403(b)(1),
408(d)(1), or 457(a)(1), whichever is
applicable, shall not apply to any distribution
of such contribution, and section 72(t) shall
not apply to the distribution of such
contribution or any income attributable
thereto, if such distribution is received not
later than the day prescribed by law (including
extensions of time) for filing the individual's
return for such taxable year, and
``(ii) any plan or arrangement from which
such a distribution is made under this
subparagraph shall not be treated as violating
any requirement under section 401, 403, or 457
solely by reason of making such distribution.
``(5) Exception from reduction or offset.--Any payment made
to any individual under this section shall not be--
``(A) subject to reduction or offset pursuant to
subsection (c), (d), (e), or (f) of section 6402 or any
similar authority permitting offset, or
``(B) reduced or offset by other assessed Federal
taxes that would otherwise be subject to levy or
collection.
``(6) Saver's match recovery payments.--
``(A) In general.--In the case of an applicable
retirement savings vehicle to which contributions have
been made under subsection (a)(2), and from which a
specified early distribution has been made during the
taxable year, if the aggregate amount of such
contributions exceeds the account balance of such
savings vehicle at the end of the such taxable year,
the tax imposed by chapter 1 shall be increased by an
amount equal to such excess (reduced by the amount by
which the tax under such chapter was increased under
section 72(t)(1) with respect to such distribution).
``(B) Specified early distribution.--For purposes
of this paragraph, the term `specified early
distribution' means any portion of a distribution--
``(i) which is from such applicable
retirement savings vehicle to which a
contribution has been made under subsection
(a)(2),
``(ii) which is includible in gross income,
and
``(iii) to which 72(t)(1) applies.
``(C) Excess may be repaid.--
``(i) In general.--The increase in tax for
any taxable year under subparagraph (A) shall
be reduced (but not below zero) by so much of
such specified early distribution as the
individual elects to contribute to an
applicable retirement savings vehicle not later
than the day prescribed by law (including
extensions of time) for filing such
individual's return for such taxable year.
``(ii) Contribution of excess.--Any
individual who elects to contribute an amount
under clause (i) may make one or more
contributions in an aggregate amount not to
exceed the amount of the specified early
distribution to which the election relates to
an applicable retirement savings vehicle and to
which a rollover contribution of such
distribution could be made under section
402(c), 403(b)(8), 408(d)(3), or 457(e)(16), as
the case may be.
``(iii) Limitation on contributions to
applicable retirement savings vehicle other
than iras.--The aggregate amount of
contributions made by an individual under
clause (ii) to any applicable savings
retirement vehicle which is not an individual
retirement plan shall not exceed the aggregate
amount of specified early retirement
distributions which are made from such savings
retirement vehicle to such individual. Clause
(ii) shall not apply to contributions to any
applicable retirement savings vehicle which is
not an individual retirement plan unless the
individual is eligible to make contributions
(other than those described in clause (ii)) to
such retirement savings vehicle.
``(iv) Treatment of repayments of
distributions from applicable eligible
retirement plans other than iras.--If a
contribution is made under clause (ii) with
respect to a specified early distribution from
an applicable savings retirement vehicle other
than an individual retirement plan, then the
taxpayer shall, to the extent of the amount of
the contribution, be treated as having received
such distribution in an eligible rollover
distribution (as defined in section 402(c)(4))
and as having transferred the amount to the
savings retirement vehicle in a direct trustee
to trustee transfer within 60 days of the
distribution.
``(v) Treatment of repayments for
distributions from iras.--If a contribution is
made under clause (ii) with respect to a
specified early distribution from an individual
retirement plan, then, to the extent of the
amount of the contribution, such distribution
shall be treated as a distribution described in
section 408(d)(3) and as having been
transferred to the applicable retirement
savings vehicle in a direct trustee to trustee
transfer within 60 days of the distribution.
``(D) Rules to account for investment loss.--The
Secretary shall prescribe such rules as may be
appropriate to reduce any increase in tax otherwise
made under subparagraph (A) to properly account for the
extent to which any portion of the excess described in
such subparagraph is allocable to investment loss in
the retirement savings vehicle.
``(g) Provision by Secretary of Information Relating to
Contributions.--In the case of an amount elected by an eligible
individual to be contributed to an account or plan under subsection
(e)(2), the Secretary shall provide general guidance applicable to the
custodian of the account or the plan sponsor, as the case may be,
detailing the treatment of such contribution under subsection (f)(2)
and the reporting requirements with respect to such contribution under
section 6058, particularly as such requirements are modified pursuant
to section 102(c)(2) of the SECURE 2.0 Act of 2022.
``(h) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2027, the $41,000 amount in
subsection (b)(3)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2026' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(2) Rounding.--Any increase determined under paragraph
(1) shall be rounded to the nearest multiple of $1,000.''.
(b) Treatment of Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the
amendments made by this section. Such amounts shall be
determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(2) Payments to other possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits (if any) that would have been provided to
eligible residents of such possession by reason of the
amendments made by this section if a mirror code tax system had
been in effect in such possession. The preceding sentence shall
not apply unless the respective possession has a process, which
has been approved by the Secretary of the Treasury, under which
such possession promptly transfers the payments directly on
behalf of eligible residents to a retirement savings vehicle
established under the laws of such possession or the United
States that is substantially similar to a plan, or is a plan,
described in clause (iii), (iv), (v), or (vi) of section
402(c)(8)(B) of the Internal Revenue Code of 1986 or an
individual retirement plan, and the restrictions on
distributions from such retirement savings vehicle are
substantially similar to the provisions of section 6433(d)(2)
of such Code (as added by this section).
(3) Coordination with united states saver's match.--No
matching contribution shall be allowed under section 6433 of
the Internal Revenue Code of 1986 (as added by this section) to
any person--
(A) to whom a matching contribution is paid by the
possession by reason of the amendments made by this
section, or
(B) who is eligible for a payment under a plan
described in paragraph (2).
(4) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income tax
system of such possession if the income tax liability of the
residents of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
(5) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this
subsection shall be treated in the same manner as a refund due
from a credit provision referred to in subsection (b)(2) of
such section.
(c) Administrative Provisions.--
(1) Deficiencies.--Section 6211(b)(4) is amended by
striking ``and 7527A'' and inserting ``7527A, and 6433''.
(2) Reporting.--The Secretary of the Treasury shall amend
the forms relating to reports required under section 6058 of
the Internal Revenue Code of 1986 to require--
(A) separate reporting of the aggregate amount of
contributions received by the plan during the year
under section 6433 of the Internal Revenue Code of 1986
(as added by this section), and
(B) similar reporting with respect to individual
retirement accounts (as defined in section 408 of such
Code) and individual retirement annuities (as defined
in section 408(b) of such Code).
(d) Payment Authority.--Section 1324(b)(2) of title 31, United
States Code, is amended by striking ``or 7527A'' and inserting ``7527A,
or 6433''.
(e) Conforming Amendments.--
(1) Paragraph (1) of section 25B(d) is amended by striking
``the sum of--'' and all that follows through ``the amount of
contributions made before January 1, 2026'' and inserting ``the
amount of contributions made before January 1, 2026''.
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
``Sec. 6433. Saver's Match.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2026.
SEC. 104. PROMOTION OF SAVER'S MATCH.
(a) In General.--The Secretary of the Treasury shall take such
steps as the Secretary determines are necessary and appropriate to
increase public awareness of the matching contribution provided under
section 6433 of the Internal Revenue Code of 1986.
(b) Report to Congress.--
(1) In general.--Not later than July 1, 2026, the Secretary
shall provide a report to Congress to summarize the anticipated
promotion efforts of the Treasury under subsection (a).
(2) Contents.--Such report shall include--
(A) a description of plans for--
(i) the development and distribution of
digital and print materials, including the
distribution of such materials to States for
participants in State facilitated retirement
savings programs,
(ii) the translation of such materials into
the 10 most commonly spoken languages in the
United States after English (as determined by
reference to the most recent American Community
Survey of the Bureau of the Census), and
(iii) communicating the adverse
consequences of early withdrawal from an
applicable retirement savings vehicle to which
a matching contribution has been paid under
section 6333(a)(2) of the Internal Revenue Code
of 1986, including the operation of the Saver's
Match Recovery Payment rules under section
6433(f)(6) of such Code and associated early
withdrawal penalties, and
(B) such other information as the Secretary
determines is necessary.
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION.
(a) In General.--Section 3(43)(B)(ii) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(43)(B)(ii)) is amended to
read as follows:
``(ii) designate a named fiduciary (other
than an employer in the plan) to be responsible
for collecting contributions to the plan and
require such fiduciary to implement written
contribution collection procedures that are
reasonable, diligent, and systematic;''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
SEC. 106. MULTIPLE EMPLOYER 403(B) PLANS.
(a) In General.--Section 403(b) is amended by adding at the end the
following new paragraph:
``(15) Multiple employer plans.--
``(A) In general.--Except in the case of a church
plan, this subsection shall not be treated as failing
to apply to an annuity contract solely by reason of
such contract being purchased under a plan maintained
by more than 1 employer.
``(B) Treatment of employers failing to meet
requirements of plan.--
``(i) In general.--In the case of a plan
maintained by more than 1 employer, this
subsection shall not be treated as failing to
apply to an annuity contract held under such
plan merely because of one or more employers
failing to meet the requirements of this
subsection if such plan satisfies rules similar
to the rules of section 413(e)(2) with respect
to any such employer failure.
``(ii) Additional requirements in case of
non-governmental plans.--A plan shall not be
treated as meeting the requirements of this
subparagraph unless the plan satisfies rules
similar to the rules of subparagraph (A) or (B)
of section 413(e)(1), except in the case of a
multiple employer plan maintained solely by any
of the following: A State, a political
subdivision of a State, or an agency or
instrumentality of any one or more of the
foregoing.''.
(b) Annual Registration for 403(b) Multiple Employer Plan.--Section
6057 is amended by redesignating subsection (g) as subsection (h) and
by inserting after subsection (f) the following new subsection:
``(g) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(c) Annual Information Returns for 403(b) Multiple Employer Plan.--
Section 6058 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new subsection:
``(f) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(d) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 3(43)(A) of the Employee
Retirement Income Security Act of 1974 is amended--
(A) in clause (ii), by striking ``section 501(a) of
such Code or'' and inserting ``section 501(a) of such
Code, a plan that consists of annuity contracts
described in section 403(b) of such Code, or''; and
(B) in the flush text at the end following clause
(iii), by striking ``the plan.'' and inserting ``the
plan, but such term shall include any plan (other than
a plan excepted from the application of this title by
section 4(b)(2)) maintained for the benefit of the
employees of more than 1 employer that consists of
annuity contracts described in section 403(b) of such
Code and that meets the requirements of subparagraph
(B) of section 413(e)(1) of such Code.''.
(2) Conforming amendments.--Sections 3(43)(B)(v)(II) and
3(44)(A)(i)(I) of the Employee Retirement Income Security Act
of 1974 are each amended by striking ``section 401(a) of such
Code or'' and inserting ``section 401(a) of such Code, a plan
that consists of annuity contracts described in section 403(b)
of such Code, or''.
(e) Regulations Relating to Employer Failure to Meet Multiple
Employer Plan Requirements.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations as may be
necessary to clarify, in the case of plans to which section 403(b)(15)
of the Internal Revenue Code of 1986 applies, the treatment of an
employer departing such plan in connection with such employer's failure
to meet multiple employer plan requirements.
(f) Modification of Model Plan Language, etc.--
(1) Plan notifications.--The Secretary of the Treasury (or
the Secretary's delegate), in consultation with the Secretary
of Labor, shall modify the model plan language published under
section 413(e)(5) of the Internal Revenue Code of 1986 to
include language that requires participating employers be
notified that the plan is subject to the Employee Retirement
Income Security Act of 1974 and that such employer is a plan
sponsor with respect to its employees participating in the
multiple employer plan and, as such, has certain fiduciary
duties with respect to the plan and to its employees.
(2) Model plans for multiple employer 403(b) plans.--For
plans to which section 403(b)(15)(A) of the Internal Revenue
Code of 1986 applies (other than a plan maintained for its
employees by a State, a political subdivision of a State, or an
agency or instrumentality of any one or more of the foregoing),
the Secretary of the Treasury (or the Secretary's delegate), in
consultation with the Secretary of Labor, shall publish model
plan language similar to model plan language published under
section 413(e)(5) of such Code.
(3) Educational outreach to employers exempt from tax.--The
Secretary of the Treasury (or the Secretary's delegate), in
consultation with the Secretary of Labor, shall provide
education and outreach to increase awareness to employers
described in section 501(c)(3) of the Internal Revenue Code of
1986, and which are exempt from tax under section 501(a) of
such Code, that multiple employer plans are subject to the
Employee Retirement Income Security Act of 1974 and that such
employer is a plan sponsor with respect to its employees
participating in the multiple employer plan and, as such, has
certain fiduciary duties with respect to the plan and to its
employees.
(g) No Inference With Respect to Church Plans.--Regarding any
application of section 403(b) of the Internal Revenue Code of 1986 to
an annuity contract purchased under a church plan (as defined in
section 414(e) of such Code) maintained by more than 1 employer, or to
any application of rules similar to section 413(e) of such Code to such
a plan, no inference shall be made from section 403(b)(15)(A) of such
Code (as added by this Act) not applying to such plans.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
(2) Rule of construction.--Nothing in the amendments made
by subsection (a) shall be construed as limiting the authority
of the Secretary of the Treasury or the Secretary's delegate
(determined without regard to such amendment) to provide for
the proper treatment of a failure to meet any requirement
applicable under the Internal Revenue Code of 1986 with respect
to one employer (and its employees) in the case of a plan to
which section 403(b)(15) of the Internal Revenue Code of 1986
applies.
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY
DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) is amended by striking
``age 72'' and inserting ``the applicable age''.
(b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs
(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each amended by
striking ``age 72'' and inserting ``the applicable age''.
(c) Applicable Age.--Section 401(a)(9)(C) is amended by adding at
the end the following new clause:
``(v) Applicable age.--
``(I) In the case of an individual
who attains age 72 after December 31,
2022, and age 73 before January 1,
2033, the applicable age is 73.
``(II) In the case of an individual
who attains age 74 after December 31,
2032, the applicable age is 75.''.
(d) Conforming Amendments.--The last sentence of section 408(b) is
amended by striking ``age 72'' and inserting ``the applicable age
(determined under section 401(a)(9)(C)(v) for the calendar year in
which such taxable year begins)''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions required to be made after December 31, 2022,
with respect to individuals who attain age 72 after such date.
SEC. 108. INDEXING IRA CATCH-UP LIMIT.
(a) In General.--Subparagraph (C) of section 219(b)(5) is amended
by adding at the end the following new clause:
``(iii) Indexing of catch-up limitation.--
In the case of any taxable year beginning in a
calendar year after 2023, the $1,000 amount
under subparagraph (B)(ii) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2022' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount after adjustment under the
preceding sentence is not a multiple of $100,
such amount shall be rounded to the next lower
multiple of $100.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 63.
(a) In General.--
(1) Plans other than simple plans.--Section 414(v)(2)(B)(i)
is amended by inserting the following before the period: ``(the
adjusted dollar amount, in the case of an eligible participant
who would attain age 60 but would not attain age 64 before the
close of the taxable year)''.
(2) Simple plans.--Section 414(v)(2)(B)(ii) is amended by
inserting the following before the period: ``(the adjusted
dollar amount, in the case of an eligible participant who would
attain age 60 but would not attain age 64 before the close of
the taxable year)''.
(b) Adjusted Dollar Amount.--Section 414(v)(2) is amended by adding
at the end the following new subparagraph:
``(E) Adjusted dollar amount.--For purposes of
subparagraph (B), the adjusted dollar amount is--
``(i) in the case of clause (i) of
subparagraph (B), the greater of--
``(I) $10,000, or
``(II) an amount equal to 150
percent of the dollar amount which
would be in effect under such clause
for 2024 for eligible participants not
described in the parenthetical in such
clause, or
``(ii) in the case of clause (ii) of
subparagraph (B), the greater of--
``(I) $5,000, or
``(II) an amount equal to equal to
150 percent of the dollar amount which
would be in effect under such clause
for 2025 for eligible participants not
described in the parenthetical in such
clause.''.
(c) Cost-of-living Adjustments.--Subparagraph (C) of section
414(v)(2) is amended by adding at the end the following: ``In the case
of a year beginning after December 31, 2025, the Secretary shall adjust
annually the adjusted dollar amounts applicable under clauses (i) and
(ii) of subparagraph (E) for increases in the cost-of-living at the
same time and in the same manner as adjustments under the preceding
sentence; except that the base period taken into account shall be the
calendar quarter beginning July 1, 2024.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2024.
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR
PURPOSES OF MATCHING CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 401(m)(4) is amended
by striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iii) subject to the requirements of
paragraph (14), any employer contribution made
to a defined contribution plan on behalf of an
employee on account of a qualified student loan
payment.''.
(b) Qualified Student Loan Payment.--Paragraph (4) of section
401(m) is amended by adding at the end the following new subparagraph:
``(D) Qualified student loan payment.--The term
`qualified student loan payment' means a payment made
by an employee in repayment of a qualified education
loan (as defined in section 221(d)(1)) incurred by the
employee to pay qualified higher education expenses,
but only--
``(i) to the extent such payments in the
aggregate for the year do not exceed an amount
equal to--
``(I) the limitation applicable
under section 402(g) for the year (or,
if lesser, the employee's compensation
(as defined in section 415(c)(3)) for
the year), reduced by
``(II) the elective deferrals made
by the employee for such year, and
``(ii) if the employee certifies annually
to the employer making the matching
contribution under this paragraph that such
payment has been made on such loan.
For purposes of this subparagraph, the term `qualified
higher education expenses' means the cost of attendance
(as defined in section 472 of the Higher Education Act
of 1965, as in effect on the day before the date of the
enactment of the Taxpayer Relief Act of 1997) at an
eligible educational institution (as defined in section
221(d)(2)).''.
(c) Matching Contributions for Qualified Student Loan Payments.--
Section 401(m) is amended by redesignating paragraph (13) as paragraph
(14), and by inserting after paragraph (12) the following new
paragraph:
``(13) Matching contributions for qualified student loan
payments.--
``(A) In general.--For purposes of paragraph
(4)(A)(iii), an employer contribution made to a defined
contribution plan on account of a qualified student
loan payment shall be treated as a matching
contribution for purposes of this title if--
``(i) the plan provides matching
contributions on account of elective deferrals
at the same rate as contributions on account of
qualified student loan payments,
``(ii) the plan provides matching
contributions on account of qualified student
loan payments only on behalf of employees
otherwise eligible to receive matching
contributions on account of elective deferrals,
``(iii) under the plan, all employees
eligible to receive matching contributions on
account of elective deferrals are eligible to
receive matching contributions on account of
qualified student loan payments, and
``(iv) the plan provides that matching
contributions on account of qualified student
loan payments vest in the same manner as
matching contributions on account of elective
deferrals.
``(B) Treatment for purposes of nondiscrimination
rules, etc.--
``(i) Nondiscrimination rules.--For
purposes of subparagraph (A)(iii), subsection
(a)(4), and section 410(b), matching
contributions described in paragraph
(4)(A)(iii) shall not fail to be treated as
available to an employee solely because such
employee does not have debt incurred under a
qualified education loan (as defined in section
221(d)(1)).
``(ii) Student loan payments not treated as
plan contribution.--Except as provided in
clause (iii), a qualified student loan payment
shall not be treated as a contribution to a
plan under this title.
``(iii) Matching contribution rules.--
Solely for purposes of meeting the requirements
of paragraph (11)(B), (12), or (13) of this
subsection, or paragraph (11)(B)(i)(II),
(12)(B), (13)(D), or (16)(D) of subsection (k),
a plan may treat a qualified student loan
payment as an elective deferral or an elective
contribution, whichever is applicable.
``(iv) Actual deferral percentage
testing.--In determining whether a plan meets
the requirements of subsection (k)(3)(A)(ii)
for a plan year, the plan may apply the
requirements of such subsection separately with
respect to all employees who receive matching
contributions described in paragraph
(4)(A)(iii) for the plan year.
``(C) Employer may rely on employee
certification.--The employer may rely on an employee
certification of payment under paragraph (4)(D)(ii).''.
(d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) is
amended by adding at the end the following new subparagraph:
``(F) Matching contributions for qualified student
loan payments.--
``(i) In general.--Subject to the rules of
clause (iii), an arrangement shall not fail to
be treated as meeting the requirements of
subparagraph (A)(iii) solely because under the
arrangement, solely for purposes of such
subparagraph, qualified student loan payments
are treated as amounts elected by the employee
under subparagraph (A)(i)(I) to the extent such
payments do not exceed--
``(I) the applicable dollar amount
under subparagraph (E) (after
application of section 414(v)) for the
year (or, if lesser, the employee's
compensation (as defined in section
415(c)(3)) for the year), reduced by
``(II) any other amounts elected by
the employee under subparagraph
(A)(i)(I) for the year.
``(ii) Qualified student loan payment.--For
purposes of this subparagraph--
``(I) In general.--The term
`qualified student loan payment' means
a payment made by an employee in
repayment of a qualified education loan
(as defined in section 221(d)(1))
incurred by the employee to pay
qualified higher education expenses,
but only if the employee certifies to
the employer making the matching
contribution that such payment has been
made on such a loan.
``(II) Qualified higher education
expenses.--The term `qualified higher
education expenses' has the same
meaning as when used in section
401(m)(4)(D).
``(iii) Applicable rules.--Clause (i) shall
apply to an arrangement only if, under the
arrangement--
``(I) matching contributions on
account of qualified student loan
payments are provided only on behalf of
employees otherwise eligible to elect
contributions under subparagraph
(A)(i)(I), and
``(II) all employees otherwise
eligible to participate in the
arrangement are eligible to receive
matching contributions on account of
qualified student loan payments.''.
(e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) is
amended by adding at the end the following: ``The fact that the
employer offers matching contributions on account of qualified student
loan payments as described in section 401(m)(13) shall not be taken
into account in determining whether the arrangement satisfies the
requirements of clause (ii) (and any regulation thereunder).''.
(f) 457(b) Plans.--Subsection (b) of section 457 is amended by
adding at the end the following: ``A plan which is established and
maintained by an employer which is described in subsection (e)(1)(A)
shall not be treated as failing to meet the requirements of this
subsection solely because the plan, or another plan maintained by the
employer which meets the requirements of section 401(a) or 403(b),
provides for matching contributions on account of qualified student
loan payments as described in section 401(m)(13).''.
(g) Regulatory Authority.--The Secretary of the Treasury (or such
Secretary's delegate) shall prescribe regulations for purposes of
implementing the amendments made by this section, including
regulations--
(1) permitting a plan to make matching contributions for
qualified student loan payments, as defined in sections
401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of
1986, as added by this section, at a different frequency than
matching contributions are otherwise made under the plan,
provided that the frequency is not less than annually;
(2) permitting employers to establish reasonable procedures
to claim matching contributions for such qualified student loan
payments under the plan, including an annual deadline (not
earlier than 3 months after the close of each plan year) by
which a claim must be made; and
(3) promulgating model amendments which plans may adopt to
implement matching contributions on such qualified student loan
payments for purposes of sections 401(m), 408(p), 403(b), and
457(b) of the Internal Revenue Code of 1986.
(h) Effective Date.--The amendments made by this section shall
apply to contributions made for plan years beginning after December 31,
2023.
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP
COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN.
(a) In General.--Section 45E(d)(3)(A) is amended by striking
``effective'' and inserting ``effective with respect to the eligible
employer''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 104 of the Setting
Every Community Up for Retirement Enhancement Act of 2019.
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR SMALL
EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45AA. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR
SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case of any
eligible small employer, the military spouse retirement plan
eligibility credit determined under this section for any taxable year
is an amount equal to the sum of--
``(1) $200 with respect to each military spouse who is an
employee of such employer and who participates in an eligible
defined contribution plan of such employer at any time during
such taxable year, plus
``(2) so much of the contributions made by such employer
(other than an elective deferral (as defined in section
402(g)(3)) to all such plans with respect to such employee
during such taxable year as do not exceed $300.
``(b) Limitation.--An individual shall only be taken into account
as a military spouse under subsection (a) for the taxable year which
includes the date on which such individual began participating in the
eligible defined contribution plan of the employer and the 2 succeeding
taxable years.
``(c) Eligible Small Employer.--For purposes of this section, the
term `eligible small employer' means an eligible employer (as defined
in section 408(p)(2)(C)(i)(I).
``(d) Military Spouse.--For purposes of this section--
``(1) In general.--The term `military spouse' means, with
respect to any employer, any individual who is married (within
the meaning of section 7703 as of the first date that the
employee is employed by the employer) to an individual who is a
member of the uniformed services (as defined section 101(a)(5)
of title 10, United States Code) serving on active duty. For
purposes of this section, an employer may rely on an employee's
certification that such employee's spouse is a member of the
uniformed services if such certification provides the name,
rank, and service branch of such spouse.
``(2) Exclusion of highly compensated employees.--With
respect to any employer, the term `military spouse' shall not
include any individual if such individual is a highly
compensated employee of such employer (within the meaning of
section 414(q)).
``(e) Eligible Defined Contribution Plan.--For purposes of this
section, the term `eligible defined contribution plan' means, with
respect to any eligible small employer, any defined contribution plan
(as defined in section 414(i)) of such employer if, under the terms of
such plan--
``(1) military spouses employed by such employer are
eligible to participate in such plan not later than the date
which is 2 months after the date on which such individual
begins employment with such employer, and
``(2) military spouses who are eligible to participate in
such plan--
``(A) are immediately eligible to receive an amount
of employer contributions under such plan which is not
less the amount of such contributions that a similarly
situated participant who is not a military spouse would
be eligible to receive under such plan after 2 years of
service, and
``(B) immediately have a nonforfeitable right to
the employee's accrued benefit derived from employer
contributions under such plan.
``(f) Aggregation Rule.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 shall be treated
as one employer for purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) is amended by striking ``plus'' at the end of paragraph (39), by
striking the period at the end of paragraph (40) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(41) in the case of an eligible small employer (as
defined in section 45AA(c)), the military spouse retirement
plan eligibility credit determined under section 45AA(a).''.
(c) Specified Credit for Purposes of Certified Professional
Employer Organizations.--Section 3511(d)(2) is amended by redesignating
subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I),
respectively, and by inserting after subparagraph (E) the following new
subparagraph:
``(F) section 45AA (military spouse retirement plan
eligibility credit),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45AA. Military spouse retirement plan eligibility credit for
small employers.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIBUTING TO A
PLAN.
(a) In General.--Subparagraph (A) of section 401(k)(4) is amended
by inserting ``(other than a de minimis financial incentive (not paid
for with plan assets) provided to employees who elect to have the
employer make contributions under the arrangement in lieu of receiving
cash)'' after ``any other benefit''.
(b) Section 403(b) Plans.--Subparagraph (A) of section 403(b)(12),
as amended by the preceding provisions of this Act, is further amended
by adding at the end the following: ``A plan shall not fail to satisfy
clause (ii) solely by reason of offering a de minimis financial
incentive (not derived from plan assets) to employees to elect to have
the employer make contributions pursuant to a salary reduction
agreement.''.
(c) Exemption From Prohibited Transaction Rules.--Subsection (d) of
section 4975 is amended by striking ``or'' at the end of paragraph
(22), by striking the period at the end of paragraph (23) and inserting
``, or'', and by adding at the end the following new paragraph:
``(24) the provision of a de minimis financial incentive
described in section 401(k)(4)(A).''.
(d) Amendment of Employee Retirement Income Security Act of 1974.--
Subsection (b) of section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the
end the following new paragraph:
``(21) The provision of a de minimis financial incentive
described in section 401(k)(4)(A) or section 403(b)(12)(A) of
the Internal Revenue Code of 1986.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date of enactment
of this Act.
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO
EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Section 1042(c)(1)(A) is amended by striking
``domestic C corporation'' and inserting ``domestic corporation''.
(b) 10 Percent Limitation on Application of Gain on Sale of S
Corporation Stock.--Section 1042 is amended by adding at the end the
following new subsection:
``(h) Application of Section to Sale of Stock in S Corporation.--In
the case of the sale of qualified securities of an S corporation, the
election under subsection (a) may be made with respect to not more than
10 percent of the amount realized on such sale for purposes of
determining the amount of gain not recognized and the extent to which
(if at all) the amount realized on such sale exceeds the cost of
qualified replacement property. The portion of adjusted basis that is
properly allocable to the portion of the amount realized with respect
to which the election is made under this subsection shall be taken into
account for purposes of the preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2027.
SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.
(a) In General.--Paragraph (2) of section 72(t) is amended by
adding at the end the following new subparagraph:
``(I) Distributions for certain emergency
expenses.--
``(i) In general.--Any emergency personal
expense distribution.
``(ii) Annual limitation.--Not more than 1
distribution per calendar year may be treated
as an emergency personal expense distribution
by any individual.
``(iii) Dollar limitation.--The amount
which may be treated as an emergency personal
expense distribution by any individual in any
calendar year shall not exceed the lesser of
$1,000 or an amount equal to the excess of--
``(I) the individual's total
nonforfeitable accrued benefit under
the plan (the individual's total
interest in the plan in the case of an
individual retirement plan), determined
as of the date of each such
distribution, over
``(II) $1,000.
``(iv) Emergency personal expense
distribution.--For purposes of this
subparagraph, the term `emergency personal
expense distribution' means any distribution
from an applicable eligible retirement plan (as
defined in subparagraph (H)(vi)(I)) to an
individual for purposes of meeting
unforeseeable or immediate financial needs
relating to necessary personal or family
emergency expenses. The administrator of an
applicable eligible retirement plan may rely on
an employee's written certification that the
employee satisfies the conditions of the
preceding sentence in determining whether any
distribution is an emergency personal expense
distribution. The Secretary may provide by
regulations for exceptions to the rule of the
preceding sentence in cases where the plan
administrator has actual knowledge to the
contrary of the employee's certification, and
for procedures for addressing cases of employee
misrepresentation.
``(v) Treatment of plan distributions.--If
a distribution to an individual would (without
regard to clause (ii) or (iii)) be an emergency
personal expense distribution, a plan shall not
be treated as failing to meet any requirement
of this title merely because the plan treats
the distribution as an emergency personal
expense distribution, unless the number or the
aggregate amount of such distributions from all
plans maintained by the employer (and any
member of any controlled group which includes
the employer, determined as provided in
subparagraph (H)(iv)(II)) to such individual
exceeds the limitation determined under clause
(ii) or (iii).
``(vi) Amount distributed may be repaid.--
Rules similar to the rules of subparagraph
(H)(v) shall apply with respect to an
individual who receives a distribution to which
clause (i) applies.
``(vii) Limitation on subsequent
distributions.--If a distribution is treated as
an emergency personal expense distribution in
any calendar year with respect to a plan of the
employee, no amount may be treated as such a
distribution during the immediately following 3
calendar years with respect to such plan
unless--
``(I) such previous distribution is
fully repaid to such plan pursuant to
clause (vi), or
``(II) the aggregate of the
elective deferrals and employee
contributions to the plan (the total
amounts contributed to the plan in the
case of an individual retirement plan)
subsequent to such previous
distribution is at least equal to the
amount of such previous distribution
which has not been so repaid.
``(viii) Special rules.--Rules similar to
the rules of subclauses (II) and (IV) of
subparagraph (H)(vi) shall apply to any
emergency personal expense distribution.''.
(b) Cross-reference.--See section 311 of this Act for amendment to
section 72(t)(2)(H)(v)(I) of the Internal Revenue Code of 1986 limiting
repayment of distribution to 3 years.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO SIMPLE PLANS.
(a) In General.--
(1) Modification to definition.--Subparagraph (A) of
section 408(p)(2) is amended by striking ``and'' at the end of
clause (iii), by redesignating clause (iv) as clause (v), and
by inserting after clause (iii) the following new clause:
``(iv) the employer may make nonelective
contributions of a uniform percentage (up to 10
percent) of compensation for each employee who
is eligible to participate in the arrangement,
and who has at least $5,000 of compensation
from the employer for the year, but such
contributions with respect to any employee
shall not exceed $5,000 for the year, and''.
(2) Limitation.--Subparagraph (A) of section 408(p)(2) is
amended by adding at the end the following: ``The compensation
taken into account under clause (iv) for any year shall not
exceed the limitation in effect for such year under section
401(a)(17).''.
(3) Overall dollar limit on contributions.--Paragraph (8)
of section 408(p) is amended to read as follows:
``(8) Coordination with maximum limitation.--In the case of
any simple retirement account--
``(A) subsection (a)(1) shall be applied by
substituting for `the amount in effect for such taxable
year under section 219(b)(1)(A)' the following: `the
sum of the dollar amount in effect under subsection
(p)(2)(A)(ii), the employer contribution required under
subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is
applicable, and a contribution which meets the
requirement of subsection (p)(2)(A)(iv) with respect to
the employee', and
``(B) subsection (b)(2)(B) shall be applied by
substituting for `the dollar amount in effect under
section 219(b)(1)(A)' the following: `the sum of the
dollar amount in effect under subsection (p)(2)(A)(ii),
the employer contribution required under subsection
(p)(2)(A)(iii) or (p)(2)(B)(i), whichever is
applicable, and a contribution which meets the
requirement of subsection (p)(2)(A)(iv) with respect to
the employee'.''.
(4) Adjustment for inflation.--Paragraph (2) of section
408(p), as amended by this Act, is further amended by adding at
the end the following new subparagraph:
``(G) Adjustment for inflation.--In the case of
taxable years beginning after December 31, 2024, the
$5,000 amount in subparagraph (A)(iv)(II) shall be
increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `2023' for `2016' in
subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.''.
(b) Conforming Amendments.--
(1) Section 408(p)(2)(A)(v), as redesignated by subsection
(a), is amended by striking ``or (iii)'' and inserting ``,
(iii), or (iv)''.
(2) Section 401(k)(11)(B)(i) is amended by striking ``and''
at the end of subclause (II), by redesignating subclause (III)
as subclause (IV), and by inserting after subclause (II) the
following new subclause:
``(III) the employer may make
nonelective contributions of a uniform
percentage (up to 10 percent) of
compensation, but not to exceed the
amount in effect under section
408(p)(2)(A)(iv) in any year, for each
employee who is eligible to participate
in the arrangement and who has at least
$5,000 of compensation from the
employer for the year, and''.
(3) Section 401(k)(11)(B)(i)(IV), as redesignated by
paragraph (2), is amended by striking ``or (II)'' and inserting
``, (II), or (III)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 117. CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) In General.--Subparagraph (E) of section 408(p)(2) is amended--
(1) by striking ``amount is'' and all that follows in
clause (i) and inserting the following: ``dollar amount is--
``(I) the adjusted dollar amount in
the case of an eligible employer
described in clause (iii) which had not
more than 25 employees who received at
least $5,000 of compensation from the
employer for the preceding year,
``(II) the adjusted dollar amount
in the case of an eligible employer
described in clause (iii) which is not
described in subclause (I) and which
elects, at such time and in such manner
as prescribed by the Secretary, the
application of this subclause for the
year, and
``(III) $10,000 in any other
case.'',
(2) by redesignating clause (ii) as clause (iii) and by
inserting after clause (i) the following new clause:
``(ii) Adjusted dollar amount.--For
purposes of clause (i), the adjusted dollar
amount is an amount equal to 110 percent of the
dollar amount in effect under clause (i)(III)
for calendar year 2024.'',
(3) by striking ``adjustment.--In the case of'' in clause
(iii), as so redesignated, and inserting ``adjustment.--
``(I) Certain large employers.--In
the case of'',
(4) by striking ``clause (i)'' in such clause (iii) and
inserting ``clause (i)(III)'', and
(5) by adding at the end of such clause (iii) the following
new subclause:
``(II) Other employers.--In the
case of a year beginning after December
31, 2024, the Secretary shall adjust
annually the adjusted dollar amount
under clause (ii) in the manner
provided under subclause (I) of this
clause, except that the base period
taken into account shall be the
calendar quarter beginning July 1,
2023.''.
(b) Catch-up Contributions.--Paragraph (2) of section 414(v) is
amended--
(1) in subparagraph (B)--
(A) by striking ``the applicable'' in clause (ii),
as amended by this Act, and inserting ``except as
provided in clause (iii), the applicable''; and
(B) by adding at the end the following new clause:
``(iii) In the case of an applicable
employer plan--
``(I) which is maintained by an
eligible employer described in section
408(p)(2)(E)(i)(I), or
``(II) to which an election under
section 408(p)(2)(E)(i)(II) applies for
the year (including a plan described in
section 401(k)(11) which is maintained
by an eligible employer described in
section 408(p)(2)(E)(i)(II) and to
which such election applies by reason
of subparagraphs (B)(i)(I) and (E) of
section 401(k)(11)),
the applicable dollar amount is an amount equal
to 110 percent of the dollar amount in effect
under clause (ii) for calendar year 2024.'',
and
(2) in subparagraph (C), as amended by this Act--
(A) by striking ``adjustment.--In the case of'' and
inserting the following: ``adjustment.--
``(i) Certain large employers.--In the case
of'', and
(B) by adding at the end the following new clause:
``(ii) Other employers.--In the case of a
year beginning after December 31, 2024, the
Secretary shall adjust annually the dollar
amount described in subparagraph (B)(iii) in
the manner provided under clause (i) of this
subparagraph, except that the base period taken
into account shall be the calendar quarter
beginning July 1, 2023.''.
(c) Employer Match.--Clause (ii) of section 408(p)(2)(C) is
amended--
(1) by striking ``The term'' in subclause (I) and inserting
``Except as provided in subclause (IV), the term'',
(2) by adding at the end the following new subclause:
``(IV) Special rule for electing
larger employers.--In the case of an
employer which had more than 25
employees who received at least $5,000
of compensation from the employer for
the preceding year, and which makes the
election under subparagraph (E)(i)(II)
for any year, subclause (I) shall be
applied for such year by substituting
`4 percent' for `3 percent'.'', and
(3) by striking ``3 percent'' each place it appears in
subclauses (II) and (III) and inserting ``the applicable
percentage''.
(d) Increase in Nonelective Employer Contribution for Electing
Larger Employers.--Subparagraph (B) of section 408(p)(2) is amended by
adding at the end the following new clause:
``(iii) Special rule for electing larger
employers.--In the case of an employer which
had more than 25 employees who received at
least $5,000 of compensation from the employer
for the preceding year, and which makes the
election under subparagraph (E)(i)(II) for any
year, clause (i) shall be applied for such year
by substituting `3 percent' for `2 percent'.''.
(e) Transition Rule.--Paragraph (2) of section 408(p), as amended
by this Act, is further amended by adding at the end the following new
subparagraph:
``(H) 2-year grace period.--An eligible employer
which had not more than 25 employees who received at
least $5,000 of compensation from the employer for 1 or
more years, and which has more than 25 such employees
for any subsequent year, shall be treated for purposes
of subparagraph (E)(i) as having 25 such employees for
the 2 years following the last year the employer had
not more than 25 such employees, and not as having made
the election under subparagraph (E)(i)(II) for such 2
years. Rules similar to the second sentence of
subparagraph (C)(i)(II) shall apply for purposes of
this subparagraph.''.
(f) Amendments Apply Only if Employer Has Not Had Another Plan
Within 3 Years.--Subparagraph (E) of section 408(p)(2), as amended by
subsection (a), is further amended by adding at the end the following
new clause:
``(iv) Employer has not had another plan
within 3 years.--An eligible employer is
described in this clause only if, during the 3-
taxable-year period immediately preceding the
1st year the employer maintains the qualified
salary reduction arrangement under this
paragraph, neither the employer nor any member
of any controlled group including the employer
(or any predecessor of either) established or
maintained any plan described in clause (i),
(ii), or (iv) of section 219(g)(5)(A) with
respect to which contributions were made, or
benefits were accrued, for substantially the
same employees as are eligible to participate
in such qualified salary reduction
arrangement.''.
(g) Conforming Amendments Relating to Simple 401(k)s.--
(1) Subclause (I) of section 401(k)(11)(B)(i) is amended by
inserting ``(after the application of any election under
section 408(p)(2)(E)(i)(II))'' before the comma.
(2) Paragraph (11) of section 401(k) is amended by adding
at the end the following new subparagraph:
``(E) Employers electing increased contributions.--
In the case of an employer which applies an election
under section 408(p)(2)(E)(i)(II) for purposes of the
contribution requirements of this paragraph under
subparagraph (B)(i)(I), rules similar to the rules of
subparagraphs (B)(iii), (C)(ii)(IV), and (G) of section
408(p)(2) shall apply for purposes of subparagraphs
(B)(i)(II) and (B)(ii) of this paragraph.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
(i) Reports by Secretary.--
(1) In general.--The Secretary of the Treasury shall, not
later than December 31, 2024, and annually thereafter, report
to the Committees on Finance and Health, Education, Labor, and
Pensions of the Senate and the Committees on Ways and Means and
Education and Labor of the House of Representatives on the data
described in paragraph (2), together with any recommendations
the Secretary deems appropriate.
(2) Data described.--For purposes of the report required
under paragraph (1), the Secretary of the Treasury shall
collect data and information on--
(A) the number of plans described in section 408(p)
or 401(k)(11) of the Internal Revenue Code of 1986 that
are maintained or established during a year;
(B) the number of participants eligible to
participate in such plans for such year;
(C) median contribution amounts for the
participants described in subparagraph (B);
(D) the types of investments that are most common
under such plans; and
(E) the fee levels charged in connection with the
maintenance of accounts under such plans.
Such data and information shall be collected separately for
each type of plan. For purposes of collecting such data, the
Secretary of the Treasury may use such data as is otherwise
available to the Secretary for publication and may use such
approaches as are appropriate under the circumstances,
including the use of voluntary surveys and collaboration on
studies.
SEC. 118. TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP
CONTRIBUTIONS.
(a) In General.--Subparagraph (B) of section 4972(c)(6) is
amended--
(1) by striking ``408(p)) or'' and inserting ``408(p)),'';
and
(2) by inserting ``, or a simplified employee pension
(within the meaning of section 408(k))'' after ``401(k)(11))''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment under
section 4972(c)(6) of the Internal Revenue Code of 1986 of
nondeductible contributions to which the amendments made by
this section do not apply.
SEC. 119. APPLICATION OF SECTION 415 LIMIT FOR CERTAIN EMPLOYEES OF
RURAL ELECTRIC COOPERATIVES.
(a) In General.--Section 415(b) is amended by adding at the end the
following new paragraph:
``(12) Special rule for certain employees of rural electric
cooperatives.--
``(A) In general.--Subparagraph (B) of paragraph
(1) shall not apply to a participant in an eligible
rural electric cooperative plan, except in the case of
a participant who was a highly compensated employee (as
defined in section 414(q)) of an employer maintaining
such plan for the earlier of--
``(i) the plan year in which the
participant terminated employment with such
employer, or
``(ii) the plan year in which distributions
commence under the plan with respect to the
participant, or
for any of the 5 plan years immediately preceding such
earlier plan year.
``(B) Eligible rural electric cooperative plan.--
For purposes of this paragraph--
``(i) In general.--The term `eligible rural
electric cooperative plan' means a plan
maintained by more than 1 employer, with
respect to which at least 85 percent of the
employers maintaining the plan are rural
cooperatives described in clause (i) or (ii) of
section 401(k)(7)(B) or are a national
association of such a rural cooperative.
``(ii) Election.--An employer maintaining
an eligible rural cooperative plan may elect
not to have subparagraph (A) apply to its
employees.
``(C) Regulations.--The Secretary shall prescribe
such regulations and other guidance as are necessary to
limit the application of subparagraph (A) such that it
does not result in increased benefits for highly
compensated employees.''.
(b) Effective Date.--The amendment made by this section shall apply
to limitation years ending after the date of the enactment of this Act.
SEC. 120. EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY TRANSACTIONS.
(a) In General.--Section 4975(d), as amended by the preceding
provisions of this Act, is further amended by striking ``or'' at the
end of paragraph (23), by striking the period at the end of paragraph
(24) and inserting ``, or'', and by adding at the end the following new
paragraph:
``(25) the receipt of fees and compensation by the
automatic portability provider for services provided in
connection with an automatic portability transaction.''.
(b) Other Definitions and Special Rules.--Section 4975(f) is
amended by adding at the end the following new paragraph:
``(12) Rules relating to automatic portability
transactions.--
``(A) In general.--For purposes of subsection
(d)(25)--
``(i) Automatic portability transaction.--
An automatic portability transaction is a
transfer of assets made--
``(I) from an individual retirement
plan which is established on behalf of
an individual and to which amounts were
transferred under section
401(a)(31)(B)(i),
``(II) to an employer-sponsored
retirement plan described in clause
(iii), (iv), (v), or (vi) of section
402(c)(8)(B) (other than a defined
benefit plan) in which such individual
is an active participant, and
``(III) after such individual has
been given advance notice of the
transfer and has not affirmatively
opted out of such transfer.
``(ii) Automatic portability provider.--An
automatic portability provider is a person,
other than an individual, who executes
transfers described in clause (i).
``(B) Conditions for automatic portability
transactions.--Subsection (d)(25) shall not apply to an
automatic portability transaction unless the following
requirements are satisfied:
``(i) Acknowledgment of fiduciary status.--
An automatic portability provider shall
acknowledge in writing, at such time and format
as specified by the Secretary of Labor, that
the provider is a fiduciary with respect to the
individual retirement plan described in
subparagraph (A)(i)(I).
``(ii) Fees.--The fees and compensation
received, directly or indirectly, by the
automatic portability provider for services
provided in connection with the automatic
portability transaction (including any increase
in such fees or compensation and any fees or
compensation in connection with, but received
before, the transaction)--
``(I) shall not exceed reasonable
compensation, and
``(II) shall be fully disclosed to
and approved in writing in advance of
the transaction by a plan fiduciary of
the plan described in subparagraph
(A)(i)(II) which is independent of the
automatic portability provider.
An automatic portability provider shall not
receive any fees or compensation in connection
with an automatic portability transaction
involving a plan which is sponsored or
maintained by the automatic portability
provider.
``(iii) Data usage.--The automatic
portability provider shall not market or sell
data relating to the individual retirement plan
described in subparagraph (A)(i)(I) or to the
participants of the plan described in
subparagraph (A)(i)(II).
``(iv) Open participation.--The automatic
portability provider shall offer automatic
portability transactions on the same terms to
any plan described in subparagraph (A)(i)(II).
``(v) Pre-transaction notice.--At least 60
days in advance of an automatic portability
transaction, the automatic portability provider
shall provide notice to the individual on whose
behalf the individual retirement plan described
in subparagraph (A)(i)(I) is established which
includes--
``(I) a description of the
automatic portability transaction and a
complete and accurate statement of all
fees which will be charged and all
compensation which will be received in
connection with the transaction,
``(II) a clear and prominent
description of the individual's right
to affirmatively elect not to
participate in the transaction as well
as the other available distribution
options, the deadline by which the
individual must make an election, the
procedures for such an election, and a
telephone number for the automatic
portability provider that the
individual may call to make such
election,
``(III) a description of the
individual's right to designate a
beneficiary and the procedures to do
so, and
``(IV) such other disclosures as
the Secretary of Labor may require by
regulation.
``(vi) Post-transaction notice.--Not later
than 3 business days after an automatic
portability transaction, the automatic
portability provider shall provide notice to
the individual on whose behalf the individual
retirement plan described in subparagraph
(A)(i)(I) is established of--
``(I) the actions taken by the
automatic portability provider with
respect to the individual's account,
``(II) all relevant information
regarding the location and amount of
any transferred assets,
``(III) a statement of fees charged
against the account by the automatic
portability provider or its affiliates
in connection with the transfer,
``(IV) a telephone number at which
the individual can contact the
automatic portability provider, and
``(V) such other disclosures as the
Secretary of Labor may require by
regulation.
``(vii) Notice requirements.--The notices
required under clauses (v) and (vi) shall be
written in a manner calculated to be understood
by the average person and shall not include
inaccurate or misleading statements.
``(viii) Frequency of searches.--The
automatic portability provider shall query on
at least a monthly basis whether any individual
with an individual retirement plan described in
subparagraph (A)(i)(I) has an account in a plan
described in subparagraph (A)(i)(II).
``(ix) Timeliness of execution.--After
liquidating the assets of an individual
retirement plan described in subparagraph
(A)(i)(I) to cash, an automatic portability
provider shall transfer the account balance of
such plan as soon as practicable to the plan
described in subparagraph (A)(i)(II).
``(x) Limitation on exercise of
discretion.--The automatic portability provider
shall neither have nor exercise discretion to
affect the timing or amount of the transfer
pursuant to an automatic portability
transaction other than to deduct the
appropriate fees as described in clause (ii).
``(xi) Record retention and audits.--
``(I) In general.--An automatic
portability provider shall, for not
less than 6 years after the automatic
portability transaction has occurred,
maintain the records sufficient to
demonstrate the terms of this
subparagraph have been met. The
automatic portability provider shall
make such records available to any
authorized employee of the Department
of the Treasury or the Department of
Labor within 30 calendar days of the
date of a written request for such
records.
``(II) Audits.--An automatic
portability provider shall conduct an
annual audit, in accordance with
regulations promulgated by the
Secretary of Labor, of automatic
portability transactions occurring
during the calendar year to demonstrate
compliance with this paragraph and any
regulations thereunder and identify any
instances of noncompliance therewith,
and shall submit such audit annually to
the Secretary of Labor, in such form
and manner as specified by such
Secretary.
``(xii) Website.--The automatic portability
provider shall maintain a website which
contains--
``(I) a list of recordkeepers for
each plan described in subparagraph
(A)(i)(II) with respect to which the
provider carries out automatic
portability transactions, and
``(II) a list of all fees described
in clause (ii)(II) paid to the
provider.''.
(c) Regulatory Authority.--Not later than 12 months after the date
of the enactment of this Act, the Secretary of Labor shall issue such
guidance as may be necessary to carry out the purposes of the
amendments made by this section, including regulations or other
guidance which--
(1) require an automatic portability provider to provide a
notice to individuals on whose behalf the individual retirement
plan described in paragraph (12)(A)(i)(I) of section 4975(f) of
the Internal Revenue Code of 1986, as added by this section, is
established in advance of the notices specified in paragraph
(12)(B)(v) of such section, as so added,
(2) require an automatic portability provider to disclose
to plans described in paragraph (12)(A)(i)(II) of section
4975(f) of the Internal Revenue Code of 1986, as added by this
section, information required to be provided by a covered
service provider pursuant to section 2550.408b-2(c) of title
29, Code of Federal Regulations,
(3) require a plan described in such paragraph
(12)(A)(i)(II), as so added, to fully disclose fees related to
an automatic portability transaction in its summary plan
description or summary of material modifications, as relevant,
(4) require a plan described in such paragraph, as so
added, to invest amounts received on behalf of a participant
pursuant to an automatic portability transaction in the
participant's current investment election under the plan or, if
no election is made or permitted, in the plan's qualified
default investment alternative (within the meaning of section
2550.404c-5 of title 29, Code of Federal Regulations) or
another investment selected by a fiduciary with respect to such
plan,
(5) prohibit or restrict the receipt or payment of third
party compensation (other than a direct fee paid by a plan
sponsor which is in lieu of a fee imposed on an individual
retirement plan owner) by an automatic portability provider in
connection with an automatic portability transaction,
(6) prohibit exculpatory provisions in an automatic
portability provider's contracts or communications with
individuals disclaiming or limiting its liability in the event
that an automatic portability transaction results in an
improper transfer,
(7) require an automatic portability provider to take
actions necessary to reasonably ensure that participant and
beneficiary data is current and accurate,
(8) limit the use of data related to automatic portability
transactions for any purpose other than the execution of such
transactions or locating missing participants, except as
permitted by the Secretary of Labor,
(9) provide for corrections procedures in the event an
auditor determines the automatic portability provider was not
in compliance with this provision and related regulations as
specified in paragraph (12)(B)(ix)(II) of section 4975(f) of
such Code, as so added, including deadlines, supplemental
audits, and corrective actions which may include a temporary
prohibition from relying on the exemption provided by paragraph
(25) of section 4975(d) of such Code, as added by this section,
(10) ensure that the appropriate participants and
beneficiaries, in fact, receive all the required notices and
disclosures, and
(11) make clear that the exemption provided by paragraph
(25) of section 4975(d) of such Code, as added by this section,
applies solely to the automatic portability transactions
described therein, and, to the extent the Secretary deems
necessary or advisable, specify how the application of the
exemption relates to or coordinates with the application of
other statutory provisions, regulations, administrative
guidance, or exemptions.
Any term used in this subsection which is used in paragraph (12) of
section 4975(f) of such Code, as added by this section, has the same
meaning as when used in such paragraph.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the first audit report received by the Secretary of Labor from
any automatic portability provider, and every 3 years
thereafter, the Secretary of Labor shall report to the
Committees on Health, Education, Labor and Pensions and Finance
of the Senate and the Committees on Education and Labor and
Ways and Means of the House of Representatives on--
(A) the effectiveness of automatic portability
transactions under the exemption provided by paragraph
(25) of section 4975(d) of the Internal Revenue Code of
1986, as added by this section, detailing--
(i) the number of automatic cash outs from
qualified plans to individual retirement plans
described in section 4975(f)(12)(A)(i)(I) of
such Code,
(ii) the number of completed automatic
portability transactions to employer-sponsored
retirement plans described in section
4975(f)(12)(A)(i)(II) of such Code,
(iii) the number of individual retirement
plans described in section 4975(f)(12)(A)(i)(I)
of such Code which have been transferred to
designated beneficiaries,
(iv) the number of individual retirement
plans described in section 4975(f)(12)(A)(i)(I)
of such Code for which the automatic
portability provider is searching for next of
kin due to a deceased account holder without a
designated beneficiary, and
(v) the number of accounts that were
reduced to a zero balance while in the
automatic portability provider's custody;
(B) a summary of any consumer complaints submitted
to the Employee Benefits Security Administration
regarding automatic portability transactions;
(C) a summary of compliance issues found in the
annual audit described in section
4975(f)(12)(B)(xiii)(II) of such Code, if any, and
their corrections;
(D) a summary of the fees individuals are charged
in connection with automatic portability transactions,
including whether those fees have increased since the
last report;
(E) recommendations of any necessary statutory
changes to this exemption to improve the effectiveness
of automatic portability transactions, including repeal
of this provision in the event of a pattern of
noncompliance; and
(F) any other information the Secretary of Labor
deems important.
The report required by this subsection shall be made publicly
available.
(2) Report on notices relating to automatic transfers.--Not
later than 2 years after the date of the enactment of this Act,
the Secretary of Treasury shall report to the Committee on
Finance of the Senate and the Committee on Ways and Means on
the adequacy of the notices relating to transfers under section
401(a)(31)(B)(i) of the Internal Revenue Code of 1986.
(e) Effective Date.--The amendments made by this section shall
apply to transactions occurring on or after the date which is 12 months
after the date of the enactment of this Act.
SEC. 121. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.
(a) In General.--Section 401(k) is amended by adding at the end the
following new paragraph:
``(16) Starter 401(k) deferral-only plans for employers
with no retirement plan.--
``(A) In general.--A starter 401(k) deferral-only
arrangement maintained by an eligible employer shall be
treated as meeting the requirements of paragraph
(3)(A)(ii).
``(B) Starter 401(k) deferral-only arrangement.--
For purposes of this paragraph, the term `starter
401(k) deferral-only arrangement' means any cash or
deferred arrangement which meets--
``(i) the automatic deferral requirements
of subparagraph (C),
``(ii) the contribution limitations of
subparagraph (D), and
``(iii) the requirements of subparagraph
(E) of paragraph (13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this
subparagraph are met if, under the arrangement,
each eligible employee is treated as having
elected to have the employer make elective
contributions in an amount equal to a qualified
percentage of compensation.
``(ii) Election out.--The election treated
as having been made under clause (i) shall
cease to apply with respect to any employee if
such employee makes an affirmative election--
``(I) to not have such
contributions made, or
``(II) to make elective
contributions at a level specified in
such affirmative election.
``(iii) Qualified percentage.--For purposes
of this subparagraph, the term `qualified
percentage' means, with respect to any
employee, any percentage determined under the
arrangement if such percentage is applied
uniformly and is not less than 3 or more than
15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this
subparagraph are met if, under the
arrangement--
``(I) the only contributions which
may be made are elective contributions
of employees described in subparagraph
(C), and
``(II) the aggregate amount of such
elective contributions which may be
made with respect to any employee for
any calendar year shall not exceed
$6,000.
``(ii) Cost-of-living adjustment.--In the
case of any calendar year beginning after
December 31, 2024, the $6,000 amount under
clause (i) shall be adjusted in the same manner
as under section 402(g)(4), except that `2023'
shall be substituted for `2005'.
``(iii) Catch-up contributions for
individuals age 50 or over.--In the case of an
individual who has attained the age of 50
before the close of the taxable year, the
limitation under clause (i)(II) shall be
increased by the applicable amount determined
under section 219(b)(5)(B)(ii) (after the
application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this
paragraph--
``(i) In general.--The term `eligible
employer' means any employer if the employer
does not maintain a qualified plan with respect
to which contributions are made, or benefits
are accrued, for service in the year for which
the determination is being made. If only
individuals other than employees described in
subparagraph (A) of section 410(b)(3) are
eligible to participate in such arrangement,
then the preceding sentence shall be applied
without regard to any qualified plan in which
only employees described in such subparagraph
are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules
similar to the rules of section 408(p)(10)
shall apply for purposes of clause (i).
``(iii) Qualified plan.--The term
`qualified plan' means a plan, contract,
pension, account, or trust described in
subparagraph (A) or (B) of paragraph (5) of
section 219(g) (determined without regard to
the last sentence of such paragraph (5)).
``(F) Eligible employee.--For purposes of this
paragraph--
``(i) In general.--The term `eligible
employee' means any employee of the employer
who meets the minimum age and service
conditions described in section 410(a)(1).
``(ii) Exclusions.--The employer may elect
to exclude from such definition any employee
described in paragraph (3) or (4) of section
410(b).''.
(b) Certain Annuity Contracts.--Section 403(b), as amended by the
preceding provision of this Act, is further amended by adding at the
end the following new paragraph:
``(16) Safe harbor deferral-only plans for employers with
no retirement plan.--
``(A) In general.--A safe harbor deferral-only plan
maintained by an eligible employer shall be treated as
meeting the requirements of paragraph (12).
``(B) Safe harbor deferral-only plan.--For purposes
of this paragraph, the term `safe harbor deferral-only
plan' means any plan which meets--
``(i) the automatic deferral requirements
of subparagraph (C),
``(ii) the contribution limitations of
subparagraph (D), and
``(iii) the requirements of subparagraph
(E) of section 401(k)(13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this
subparagraph are met if, under the plan, each
eligible employee is treated as having elected
to have the employer make elective
contributions in an amount equal to a qualified
percentage of compensation.
``(ii) Election out.--The election treated
as having been made under clause (i) shall
cease to apply with respect to any eligible
employee if such eligible employee makes an
affirmative election--
``(I) to not have such
contributions made, or
``(II) to make elective
contributions at a level specified in
such affirmative election.
``(iii) Qualified percentage.--For purposes
of this subparagraph, the term `qualified
percentage' means, with respect to any
employee, any percentage determined under the
plan if such percentage is applied uniformly
and is not less than 3 or more than 15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this
subparagraph are met if, under the plan--
``(I) the only contributions which
may be made are elective contributions
of eligible employees, and
``(II) the aggregate amount of such
elective contributions which may be
made with respect to any employee for
any calendar year shall not exceed
$6,000.
``(ii) Cost-of-living adjustment.--In the
case of any calendar year beginning after
December 31, 2024, the $6,000 amount under
clause (i) shall be adjusted in the same manner
as under section 402(g)(4), except that `2023'
shall be substituted for `2005'.
``(iii) Catch-up contributions for
individuals age 50 or over.--In the case of an
individual who has attained the age of 50
before the close of the taxable year, the
limitation under clause (i)(II) shall be
increased by the applicable amount determined
under section 219(b)(5)(B)(ii) (after the
application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this
paragraph--
``(i) In general.--The term `eligible
employer' means any employer if the employer
does not maintain a qualified plan with respect
to which contributions are made, or benefits
are accrued, for service in the year for which
the determination is being made. If only
individuals other than employees described in
subparagraph (A) of section 410(b)(3) are
eligible to participate in such arrangement,
then the preceding sentence shall be applied
without regard to any qualified plan in which
only employees described in such subparagraph
are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules
similar to the rules of section 408(p)(10)
shall apply for purposes of clause (i).
``(iii) Qualified plan.--The term
`qualified plan' means a plan, contract,
pension, account, or trust described in
subparagraph (A) or (B) of paragraph (5) of
section 219(g) (determined without regard to
the last sentence of such paragraph (5)).
``(F) Eligible employee.--For purposes of this
paragraph, the term `eligible employee' means any
employee of the employer other than an employee who is
permitted to be excluded under paragraph (12)(A).''.
(c) Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.--
Subparagraph (H) of section 416(g)(4) is amended--
(1) by striking ``arrangements'' in the heading and
inserting ``arrangements or plans'',
(2) by striking ``, and'' at the end of clause (i) and
inserting ``and matching contributions with respect to which
the requirements of paragraph (11), (12), or (13) of section
401(m) are met, or'', and
(3) by striking clause (ii) and inserting after clause (i)
the following new clause:
``(ii) a starter 401(k) deferral-only
arrangement described in section 401(k)(16)(B)
or a safe harbor deferral-only plan described
in section 403(b)(16).''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 122. ASSIST STATES IN LOCATING OWNERS OF APPLICABLE SAVINGS BONDS.
(a) In General.--Section 3105 of title 31, United States Code, is
amended by adding at the end the following:
``(f)(1)(A) The Secretary shall provide each State, in digital or
other electronic form, with information describing any applicable
savings bond which has an applicable address that is within such State,
including--
``(i) the name and applicable address of the registered
owner; and
``(ii) the name and applicable address of any registered
co-owner or beneficiary.
``(B) The information provided under subparagraph (A) may include
the serial number of any applicable savings bond.
``(C)(i) For purposes of this paragraph, the term `applicable
address' means, with respect to any applicable savings bond--
``(I) the registered address for the registered owner, co-
owner, or beneficiary (as applicable) of such bond; or
``(II) if such information is available to the Secretary,
the last known address for the registered owner, co-owner, or
beneficiary (as applicable) of such bond.
``(ii) For purposes of clause (i), if the information described in
subclause (II) of clause (i) with respect to any individual is
available to the Secretary, subclause (I) of such clause shall not
apply.
``(2)(A) Not later than 12 months after the date of enactment of
this subsection, the Secretary shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes of this
subsection, including rules to--
``(i) protect the privacy of the owners of applicable
savings bonds;
``(ii) prevent fraud; and
``(iii) ensure that any information provided to a State
under this subsection shall be used solely to carry out the
purposes of this subsection.
``(B) Except as deemed necessary to protect privacy or prevent
fraud or misuse of savings bond information, any regulations or
guidance prescribed by the Secretary pursuant to subparagraph (A) shall
not have the effect of prohibiting, restricting, or otherwise
preventing a State from obtaining all information described in
paragraph (1)(A).
``(3) Not later than 12 months after the date of enactment of this
subsection, and annually thereafter for each year during the 5-year
period beginning after the date of enactment of this subsection, the
Secretary shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Ways and Means of
the House of Representatives, and the Committee on Finance of the
Senate a report assessing all efforts to satisfy the requirement under
paragraph (1)(A).
``(4) Any State that receives information described in paragraph
(1)(A) with respect to an applicable savings bond may use such
information to locate the owner of such bond pursuant to the same
standards and requirements as are applicable under--
``(A) the abandoned property rules and regulations of such
State; and
``(B) any regulations or guidance promulgated under this
subsection.
``(5) For purposes of this subsection, the Secretary may disclose
to the public any information with respect to any applicable savings
bond which a State may disclose to the public pursuant to paragraph
(4).
``(6) For purposes of this subsection, the term `applicable savings
bond' means a savings bond which--
``(A) is more than 3 years past its date of final maturity;
``(B)(i) is in paper form; or
``(ii) is in paperless or electronic form and for which--
``(I) there is no designated bank account or
routing information; or
``(II) the designated bank account or routing
information is incorrect; and
``(C) has not been redeemed.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act.
SEC. 123. CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF
EMPLOYEE STOCK OWNERSHIP PLANS.
(a) In General.--Section 401(a)(35) is amended by adding at the end
the following new subparagraph:
``(I) ESOP rules relating to publicly traded
securities.--In the case of an applicable defined
contribution plan which is an employee stock ownership
plan, an employer security shall be treated as
described in subparagraph (G)(v) if--
``(i) the security is the subject of priced
quotations by at least 4 dealers, published and
made continuously available on an interdealer
quotation system (as such term is used in
section 13 of the Securities Exchange Act of
1934) which has made the request described in
section 6(j) of such Act to be treated as an
alternative trading system,
``(ii) the security is not a penny stock
(as defined by section 3(a)(51) of such Act),
``(iii) the security is issued by a
corporation which is not a shell company (as
such term is used in section 4(d)(6) of the
Securities Act of 1933), a blank check company
(as defined in section 7(b)(3) of such Act), or
subject to bankruptcy proceedings,
``(iv) the security has a public float (as
such term is used in section 240.12b-2 of title
17, Code of Federal Regulations) which has a
fair market value of at least $1,000,000 and
constitutes at least 10 percent of the total
shares issued and outstanding.
``(v) in the case of a security issued by a
domestic corporation, the issuer publishes, not
less frequently than annually, financial
statements audited by an independent auditor
registered with the Public Company Accounting
Oversight Board established under the Sarbanes-
Oxley Act of 2002, and
``(vi) in the case of a security issued by
a foreign corporation, the security is
represented by a depositary share (as defined
under section 240.12b-2 of title 17, Code of
Federal Regulations), or is issued by a foreign
corporation incorporated in Canada and readily
tradeable on an established securities market
in Canada, and the issuer--
``(I) is subject to, and in
compliance with, the reporting
requirements of section 13 or 15(d) of
the Securities Exchange Act of 1934 (15
U.S.C. 78m or 78o(d)),
``(II) is subject to, and in
compliance with, the reporting
requirements of section 230.257 of
title 17, Code of Federal Regulations,
or
``(III) is exempt from such
requirements under section 240.12g3-
2(b) of title 17, Code of Federal
Regulations.''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2027.
SEC. 124. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE PROGRAMS.
(a) In General.--Section 529A(e) is amended by striking ``age 26''
each place it appears in paragraphs (1)(A) and (2)(A)(i)(II) and
inserting ``age 46''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
SEC. 125. IMPROVING COVERAGE FOR PART-TIME WORKERS.
(a) In General.--
(1) Employee retirement income security act of 1974.--
Section 202 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1052) is amended by adding at the end the
following new subsection:
``(c) Special Rule for Certain Part-time Employees.--
``(1) In general.--A pension plan that includes either a
qualified cash or deferred arrangement (as defined in section
401(k) of the Internal Revenue Code of 1986) or a salary
reduction agreement (as described in section 403(b) of such
Code) shall not require, as a condition of participation in the
arrangement or agreement, that an employee complete a period of
service with the employer (or employers) maintaining the plan
extending beyond the close of the earlier of--
``(A) the period permitted under subsection (a)(1)
(determined without regard to subparagraph (B)(i)
thereof); or
``(B) the first 24-month period--
``(i) consisting of 2 consecutive 12-month
periods during each of which the employee has
at least 500 hours of service; and
``(ii) by the close of which the employee
has met the requirement of subsection
(a)(1)(A)(i).
``(2) Exception.--Paragraph (1)(B) shall not apply to any
employee described in section 410(b)(3) of the Internal Revenue
Code of 1986.
``(3) Coordination with time of participation rules.--In
the case of employees who are eligible to participate in the
arrangement or agreement solely by reason of paragraph (1)(B),
or by reason of such paragraph and section 401(k)(2)(D)(ii) of
such Code, the rules of subsection (a)(4) shall apply to such
employees.
``(4) 12-month period.--For purposes of this subsection,
12-month periods shall be determined in the same manner as
under the last sentence of subsection (a)(3)(A), except that
12-month periods beginning before January 1, 2023, shall not be
taken into account.''.
(2) Internal revenue code of 1986.--
(A) In general.--Section 403(b)(12) is amended by
adding at the end the following new subparagraph:
``(D) Rules relating to certain part-time
employees.--
``(i) In general.--In the case of employees
who are eligible to participate in the
agreement solely by reason of section
202(c)(1)(B) of the Employee Retirement Income
Security Act of 1974--
``(I) notwithstanding section
401(a)(4), an employer shall not be
required to make nonelective or
matching contributions on behalf of
such employees even if such
contributions are made on behalf of
other employees eligible to participate
in the plan, and
``(II) the employer may elect to
exclude such employees from the
application of subsections (a)(4),
(k)(3), (k)(12), (k)(13), and (m)(2) of
section 401 and section 410(b).''.
(B) Conforming amendment.--
(i) The last sentence of section
403(b)(12)(A), as amended by this Act, is
further amended by inserting ``and section
202(c) of the Employee Retirement Income
Security Act of 1974'' after ``under section
410(b)(4)''.
(ii) Section 401(k)(15)(B)(i) is amended by
inserting ``, or by reason of such paragraph
and section 202(c)(1)(B) of the Employee
Retirement Income Security Act of 1974'' after
``paragraph (2)(D)(ii)''.
(b) Vesting.--Section 203(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Part-time employees.--For purposes of determining
whether an employee who became eligible to participate in a
qualified cash or deferred arrangement or a salary reduction
agreement under a plan solely by reason of section 202(c)(1)(B)
has a nonforfeitable right to employer contributions--
``(A) except as provided in subparagraph (B), each
12-month period for which the employee has at least 500
hours of service shall be treated as a year of service;
and
``(B) paragraph (3) shall be applied by
substituting `at least 500 hours of service' for `more
than 500 hours of service' in subparagraph (A) thereof.
For purposes of this paragraph, 12-month periods shall be
determined in the same manner as under the last sentence of
section 202(a)(3)(A), except that 12-month periods beginning
before January 1, 2023, shall not be taken into account.''.
(c) Reduction in Period Service Requirement for Qualified Cash and
Deferred Arrangements.--Section 401(k)(2)(D)(ii) is amended by striking
``3'' and inserting ``2''.
(d) Pre-2021 Service.--Section 112(b) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 (26 U.S.C. 401
note) is amended by striking ``section 401(k)(2)(D)(ii)'' and inserting
``paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k)''.
(e) Coordination With Rules for Top-heavy Plans.--Subparagraph (H)
of section 416(g)(4), as amended by this Act, is further amended by
inserting before ``If, but'' the following: ``Such term shall not
include a plan solely because such plan does not provide nonelective or
matching contributions to employees described in section
401(k)(15)(B)(i).''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to plan years
beginning after December 31, 2024.
(2) Subsection (d) and (e).--The amendments made by
subsections (d) and (e) shall take effect as if included in the
enactment of section 112 of the Setting Every Community Up for
Retirement Enhancement Act of 2019.
SEC. 126. SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM
QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
(a) In General.--Paragraph (3) of section 529(c) is amended by
adding at the end the following new subparagraph:
``(E) Special rollover to roth iras from long-term
qualified tuition programs.--
``(i) In general.--In the case of a
distribution from a qualified tuition program
of a designated beneficiary which has been
maintained for the 15-year period ending on the
date of such distribution, subparagraph (A)
shall not apply to so much the portion of such
distribution which--
``(I) does not exceed the aggregate
amount contributed to the program (and
earnings attributable thereto) before
the 5-year period ending on the date of
the distribution, and
``(II) is paid in a direct trustee-
to-trustee transfer to a Roth IRA
maintained for the benefit of such
designated beneficiary.
``(ii) Limitations.--
``(I) Annual limitation.--Clause
(i) shall only apply to so much of any
distribution as does not exceed the
amount applicable to the designated
beneficiary under section 408A(c)(2)
for the taxable year (reduced by the
amount of aggregate contributions made
during the taxable year to all
individual retirement plans maintained
for the benefit of the designated
beneficiary).
``(II) Aggregate limitation.--This
subparagraph shall not apply to any
distribution described in clause (i) to
the extent that the aggregate amount of
such distributions with respect to the
designated beneficiary for such taxable
year and all prior taxable years
exceeds $35,000.''.
(b) Treatment Under Roth IRA Rules.--
(1) In general.--Paragraph (1) of section 408A(e) is
amended--
(A) by striking the period at the end of
subparagraph (B) and inserting ``, and'',
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) from a qualified tuition program to the
extent provided in section 529(c)(3)(E).'', and
(C) by adding at the end the following new
sentence: ``The earnings and contributions of any
qualified tuition program from which a qualified
rollover contribution is made under subparagraph (C)
shall be treated in the same manner as the earnings and
contributions of a Roth IRA from which a qualified
rollover contribution is made under subparagraph
(A).''.
(2) Application of contribution limitations.--
(A) In general.--Section 408A(c)(5)(B) is amended--
(i) by striking ``A qualified rollover
contribution'' and inserting the following:
``(i) In general.--A qualified rollover
contribution'', and
(ii) by adding at the end the following:
``(ii) Exception for rollovers from
qualified tuition programs.--Clause (i) shall
not apply to any qualified rollover
contribution described in subsection
(e)(1)(C).''.
(B) Waiver of roth ira income limitation.--Section
408A(c)(3) is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain transfers from
qualified tuition programs.--The amount determined
under subparagraph (A) shall be increased by the lesser
of--
``(i) the amount of contributions described
in section 529(c)(3)(E) for the taxable year,
or
``(ii) the amount of the reduction
determined under such subparagraph (determined
without regard to this subparagraph).''.
(c) Reporting.--Section 529(d) is amended--
(1) by striking ``Each officer'' and inserting the
following:
``(1) In general.--Each officer'',
(2) by striking ``by this subsection'' and inserting ``by
this paragraph'', and
(3) by adding at the end the following new paragraph:
``(2) Rollover distributions.--In the case of any
distribution described in subsection (c)(3)(E), the officer or
employee having control of the qualified tuition program (or
their designee) shall provide a report to the trustee of the
Roth IRA to which the distribution is made. Such report shall
be filed at such time and in such manner as the Secretary may
require and shall include information with respect to the
contributions, distributions, and earnings of the qualified
tuition program as of the date of the distribution described in
subsection (c)(3)(A), together with such other matters as the
Secretary may require.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to distributions after December 31, 2023.
SEC. 127. EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL ACCOUNT
PLANS.
(a) Employee Pension Benefit Plans.--Section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by
adding at the end the following:
``(45) Pension-linked emergency savings account.--The term
`pension-linked emergency savings account' means a short-term
savings account established and maintained as part of an
individual account plan, in accordance with section 801, on
behalf of an eligible participant (as such term is defined in
section 801(b)) that--
``(A) is a designated Roth account (within the
meaning of section 402A of the Internal Revenue Code of
1986) and accepts only participant contributions, as
described in section 801(d)(1)(A), which are designated
Roth contributions subject to the rules of section
402A(e) of such Code; and
``(B) meets the requirements of part 8 of subtitle
B.''.
(b) Pension-linked Emergency Savings Accounts.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended by adding at the end the following:
``PART 8--PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS
``SEC. 801. PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
``(a) In General.--A plan sponsor of an individual account plan
may--
``(1) include in such individual account plan a pension-
linked emergency savings account meeting the requirements of
subsection (c); and
``(2)(A) offer to enroll an eligible participant in such
pension-linked emergency savings account; or
``(B) automatically enroll an eligible participant in such
account pursuant to an automatic contribution arrangement
described in paragraph (2) of subsection (c).
``(b) Eligible Participant.--
``(1) In general.--For purposes of this part, the term
`eligible participant', with regard to an individual account
plan, means an individual who--
``(A) meets any age, service, and other eligibility
requirements of the plan; and
``(B) is not a highly compensated employee.
``(2) Eligible participant who becomes a highly compensated
employee.--Notwithstanding paragraph (1)(B), an individual who
is enrolled in a pension-linked emergency savings account and
thereafter becomes a highly compensated employee may not make
further contributions to such account, but retains the right to
withdraw any account balance of such account in accordance with
subsection (c)(1)(A)(ii).
``(3) Definition.--For purposes of this subsection, the
term `highly compensated employee' has the meaning given the
term in section 414(q) of the Internal Revenue Code of 1986.
``(c) Account Requirements.--
``(1) In general.--A pension-linked emergency savings
account--
``(A) shall--
``(i) not have a minimum contribution or
account balance requirement;
``(ii) allow for withdrawal by the
participant of the account balance, in whole or
in part at the discretion of the participant,
at least once per calendar month and for
distribution of such withdrawal to the
participant as soon as practicable from the
date on which the participant elects to make
such withdrawal; and
``(iii) be, as selected by the plan
sponsor, held as cash, in an interest-bearing
deposit account, or in an investment product--
``(I) designed to--
``(aa) maintain over the
term of the investment, the
dollar value that is equal to
the amount invested in the
product; and
``(bb) preserve principal
and provide a reasonable rate
of return, whether or not such
return is guaranteed,
consistent with the need for
liquidity; and
``(II) offered by a State- or
federally-regulated financial
institution;
``(B) may be subject to, as permitted by the
Secretary, reasonable restrictions; and
``(C)(i) may not, for not less than the first 4
withdrawals of funds from the account in a plan year,
be subject to any fees or charges solely on the basis
of such a withdrawal; and
``(ii) may, for any subsequent withdrawal in a plan
year, be subject to reasonable fees or charges in
connection with such a withdrawal, including reasonable
reimbursement fees imposed for the incidental costs of
handling of paper checks.
``(2) Establishment and termination of account.--
``(A) Establishment of account.--The pension-linked
emergency savings account feature shall be included in
the plan document of the individual account plan. Such
individual account plan shall--
``(i) separately account for contributions
to the pension-linked emergency savings account
of the individual account plan and any earnings
properly allocable to the contributions;
``(ii) maintain separate recordkeeping with
respect to each such pension-linked emergency
savings account; and
``(iii) allow withdrawals from such account
in accordance with section 402A(e)(7) of the
Internal Revenue Code of 1986.
``(B) Termination of account.--A plan sponsor may
terminate the pension-linked emergency savings account
feature of an individual account plan at any time.
``(d) Account Contributions.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked
emergency savings account to the extent such
contribution would cause the portion of the account
balance attributable to participant contributions to
exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan
sponsor of the pension-linked emergency savings
account.
In the case of contributions made in taxable years
beginning after December 31, 2024, the Secretary shall
adjust the amount under clause (i) at the same time and
in the same manner as the adjustment made by the
Secretary of the Treasury under section 415(d) of the
Internal Revenue Code of 1986, except that the base
period shall be the calendar quarter beginning July 1,
2023. Any increase under the preceding sentence which
is not a multiple of $100 shall be rounded to the next
lowest multiple of $100.
``(B) Excess contributions.--To the extent any
contribution to the pension-linked emergency savings
account of a participant for a taxable year would
exceed the limitation of subparagraph (A)--
``(i) in the case of a participant with
another designated Roth account under the
individual account plan, such plan may provide
that--
``(I) the participant may elect to
increase the participant's contribution
to such other account; and
``(II) in the absence of such a
participant election, the participant
is deemed to have elected to increase
the participant's contributions to such
other account at the rate at which
contributions were being made to the
pension-linked emergency savings
account; and
``(ii) in any other case, such plan shall
provide that such excess contributions will not
be accepted.
``(2) Automatic contribution arrangement.--For purposes of
this section--
``(A) In general.--An automatic contribution
arrangement described in this paragraph is an
arrangement under which an eligible participant is
treated as having elected to have the plan sponsor make
elective contributions to a pension-linked emergency
savings account at a participant contribution rate that
is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant,
at any time (subject to such reasonable advance notice
as is required by the plan administrator),
affirmatively elects to--
``(i) make contributions at a different
rate or amount; or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes
of an automatic contribution arrangement described in
subparagraph (A), the plan sponsor--
``(i) shall select a participant
contribution rate under such automatic
contribution arrangement that meets the
requirements of subparagraph (A); and
``(ii) may amend (prior to the plan year in
which an amendment would take effect) such rate
not more than once annually.
``(3) Disclosure by plan administrator of contributions.--
``(A) In general.--With respect to an individual
account plan with a pension-linked emergency savings
account feature, the administrator of the plan shall,
not less than 30 days and not more than 90 days prior
to date of the first contribution to the pension-linked
emergency savings account, including any contribution
under an automatic contribution arrangement described
in subsection (d)(2), or the date of any adjustment to
the participant contribution rate under subsection
(d)(2)(B)(ii), and not less than annually thereafter,
shall furnish to the participant a notice describing--
``(i) the purpose of the account, which is
for short-term, emergency savings;
``(ii) the limits on, and tax treatment of,
contributions to the pension-linked emergency
savings account of the participant;
``(iii) any fees, expenses, restrictions,
or charges associated with such pension-linked
emergency savings account;
``(iv) procedures for electing to make
contributions to or opting out of the pension-
linked emergency savings account, for changing
participant contribution rates for such
pension-linked emergency savings account, and
for making participant withdrawals from such
pension-linked emergency savings account,
including any limits on frequency;
``(v) as applicable, the amount of the
intended contribution to such pension-linked
emergency savings account or the change in the
percentage of the compensation of the
participant of such contribution;
``(vi) the amount in the emergency savings
account and the amount or percentage of
compensation that a participant has contributed
to the pension-linked emergency savings
account;
``(vii) the designated investment option
under subsection (c)(1)(A)(iii) for amounts
contributed to the pension-linked emergency
savings account;
``(viii) the options under subsection (e)
for the account balance of the pension-linked
emergency savings account after termination of
the employment of the participant or
termination by the plan sponsor of the pension-
linked emergency savings account; and
``(ix) the ability of a participant who
becomes a highly compensated employee (as such
term is defined in paragraph (3) of subsection
(b)) to, as described in paragraph (2) of such
subsection, withdraw any account balance from a
pension-linked emergency savings account and
the restriction on the ability of such a
participant to make further contributions to
the pension-linked emergency savings account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and
comprehensive to apprise the participant of the
rights and obligations of the participant with
regard to the pension-linked emergency savings
account of the participant; and
``(ii) written in a manner calculated to be
understood by the average participant.
``(C) Consolidated notices.--The required notices
under subparagraph (A) may be included with any other
notice under this Act, including under section
404(c)(5)(B) or 514(e)(3), or under section
401(k)(13)(E) or 414(w)(4) of the Internal Revenue Code
of 1986, if such other notice is provided to the
participant at the time required for such notice.
``(4) Employer matching contributions to an individual
account plan for employee contributions to a pension-linked
emergency savings account.--
``(A) In general.--If an employer makes any
matching contributions to an individual account plan of
which a pension-linked emergency savings account is
part, subject to the limitations of paragraph (1)(A),
the employer shall make matching contributions on
behalf of a participant on account of the contributions
by the participant to the pension-linked emergency
savings account at the same rate as any other matching
contribution on account of an elective contribution by
such participant. The matching contributions shall be
made to the participant's account under the individual
account plan that is not the pension-linked emergency
savings account. Such matching contributions on account
of contributions under paragraph (1)(A) shall not
exceed the maximum account balance under paragraph
(1)(A) for such plan year.
``(B) Coordination rule.--For purposes of any
applicable limitation on matching contributions, any
matching contributions made under the plan shall be
treated first as attributable to the elective deferrals
of the participant other than contributions to a
pension-linked emergency savings account.
``(C) Matching contributions.--For purposes of
subparagraph (A), the term `matching contribution' has
the meaning given such term in section 401(m)(4) of the
Internal Revenue Code of 1986.
``(e) Account Balance After Termination.--Upon termination of
employment of the participant, or termination by the plan sponsor of
the pension-linked emergency savings account, the pension-linked
emergency savings account of such participant in an individual account
plan shall--
``(1) allow, at the election of the participant, for
transfer by the participant of the account balance of such
account, in whole or in part, into another designated Roth
account of the participant under the individual account plan;
and
``(2) for any amounts in such account not transferred under
paragraph (1), make such amounts available within a reasonable
time to the participant.
``(f) Anti-abuse Rules.--
``(1) In general.--A plan of which a pension-linked
emergency savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with
respect to contributions to such account, solely to the
extent necessary to prevent manipulation of the rules
of the plan to cause matching contributions to exceed
the intended amounts or frequency; and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and
employee contributions, whether or not matched and
whether or not made pursuant to an automatic
contribution arrangement described in section
402A(e)(4) of the Internal Revenue Code of 1986.
``(2) Regulations or other guidance.--The Secretary of the
Treasury, in consultation with the Secretary of Labor, shall
issue regulations or other guidance not later than 12 months
after the date of the enactment of the SECURE 2.0 Act of 2022
with respect to the anti-abuse rules described in paragraph
(1).
``SEC. 802. PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.
``Notwithstanding any other provision of law, this part shall
supersede any law of a State which would directly or indirectly
prohibit or restrict the use of an automatic contribution arrangement,
described in section 801(d)(2), for a pension-linked emergency savings
account. The Secretary may promulgate regulations to establish minimum
standards that such an arrangement would be required to satisfy in
order for this subsection to apply with respect to such an account.
``SEC. 803. REPORTING AND DISCLOSURE REQUIREMENTS.
``The Secretary shall--
``(1) prescribe such regulations as may be necessary to
address reporting and disclosure requirements for pension-
linked emergency savings accounts; and
``(2) seek to prevent unnecessary reporting and disclosure
for such accounts under this Act, including for purposes of any
reporting or disclosure related to pension plans required by
this title or under the Internal Revenue Code of 1986.
``SEC. 804. REPORT TO CONGRESS ON EMERGENCY SAVINGS ACCOUNTS.
``The Secretary of Labor and the Secretary of the Treasury shall--
``(1) conduct a study on the use of emergency savings from
individual account plan accounts, including emergency savings
from a pension-linked emergency savings account regarding--
``(A) whether the amount of the dollar limitation
under section 801(d)(1)(A) is sufficient;
``(B) whether the limitation on the contribution
rate under section 801(d)(2)(A) is appropriate; and
``(C) the extent to which plan sponsors offer such
accounts and participants participate in such accounts
and the resulting impact on participant retirement
savings, including the impact on retirement savings
leakage and the effect of such accounts on retirement
plan participation by low- and moderate-income
households; and
``(2) not later than 7 years after the date of enactment of
the SECURE 2.0 Act of 2022, submit to Congress a report on the
findings of the study under paragraph (1).''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 note) is amended by inserting after the item
relating to section 734 the following new items:
``Part 8. Pension-linked Emergency Savings Accounts
``801. Pension-linked emergency savings accounts.
``802. Preemption of State anti-garnishment laws.
``803. Reporting and disclosure requirements.
``804. Report to Congress on emergency savings accounts.''.
(c) Reporting for a Pension-linked Emergency Savings Account.--
(1) Alternative methods of compliance.--Section 110(a) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1030(a)) is amended by inserting ``(including pension-linked
emergency savings account features within a pension plan)''
after ``class of pension plans''.
(2) Minimized reporting burden for pension-linked emergency
savings accounts.--Section 101 of such Act (29 U.S.C. 1021) is
amended--
(A) by redesignating subsection (n) as subsection
(o); and
(B) by inserting after subsection (m) the
following:
``(n) Pension-linked Emergency Savings Accounts.--Nothing in this
section shall preclude the Secretary from providing, by regulations or
otherwise, simplified reporting procedures or requirements regarding
such a pension-linked emergency savings account.''.
(d) Fiduciary Duty.--Section 404(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at
the end the following:
``(6) Default investment arrangements for a pension-linked
emergency savings account.--For purposes of paragraph (1), a
participant in a pension-linked emergency savings account shall
be treated as exercising control over the assets in the account
with respect to the amount of contributions and earnings which
are invested in accordance with section 801(c)(1)(A)(iii).''.
(e) Tax Treatment of Pension-linked Emergency Savings Accounts.--
(1) In general.--Section 402A is amended by redesignating
subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Pension-linked Emergency Savings Accounts.--
``(1) In general.--An applicable retirement plan--
``(A) may--
``(i) include a pension-linked emergency
savings account established pursuant to section
801 of the Employee Retirement Income Security
Act of 1974, which, except as otherwise
provided in this subsection, shall be treated
for purposes of this title as a designated Roth
account, and
``(ii) either--
``(I) offer to enroll an eligible
participant in such pension-linked
emergency savings account, or
``(II) automatically enroll an
eligible participant in such account
pursuant to an automatic contribution
arrangement described in paragraph (4),
and
``(B) shall--
``(i) separately account for contributions
to such account and any earnings properly
allocable to the contributions,
``(ii) maintain separate recordkeeping with
respect to each such account, and
``(iii) allow withdrawals from such account
in accordance with paragraph (7).
``(2) Eligible participant.--
``(A) In general.--For purposes of this subsection,
the term `eligible participant', with regard to a
defined contribution plan, means an individual, without
regard to whether the individual is otherwise a
participant in such plan, who--
``(i) meets any age, service, and other
eligibility requirements of the plan, and
``(ii) is not a highly compensated employee
(as defined in section 414(q)).
``(B) Eligible participant who becomes a highly
compensated employee.--Notwithstanding subparagraph
(A)(ii), an individual on whose behalf a pension-linked
emergency savings account is established who thereafter
becomes a highly compensated employee (as so defined)
may not make further contributions to such account, but
retains the right to withdraw any account balance of
such account in accordance with paragraphs (7) and (8).
``(3) Contribution limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked
emergency savings account to the extent such
contribution would cause the portion of the account
balance attributable to participant contributions to
exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan
sponsor of the pension-linked emergency savings
account.
In the case of contributions made in taxable years
beginning after December 31, 2024, the Secretary shall
adjust the amount under clause (i) at the same time and
in the same manner as the adjustment made under section
415(d), except that the base period shall be the
calendar quarter beginning July 1, 2023. Any increase
under the preceding sentence which is not a multiple of
$100 shall be rounded to the next lowest multiple of
$100.
``(B) Excess contributions.--To the extent any
contribution to the pension-linked emergency savings
account of a participant for a taxable year would
exceed the limitation of subparagraph (A)--
``(i) in the case of an eligible
participant with another designated Roth
account under the defined contribution plan,
the plan may provide that--
``(I) the participant may elect to
increase the participant's contribution
to such other account, and
``(II) in the absence of such a
participant election, the participant
is deemed to have elected to increase
the participant's contributions to such
account at the rate at which
contributions were being made to the
pension-linked emergency savings
account, and
``(ii) in any other case, such plan shall
provide that such excess contributions will not
be accepted.
``(4) Automatic contribution arrangement.--For purposes of
this section--
``(A) In general.--An automatic contribution
arrangement described in this paragraph is an
arrangement under which an eligible participant is
treated as having elected to have the plan sponsor make
elective contributions to a pension-linked emergency
savings account at a participant contribution rate that
is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant,
at any time (subject to such reasonable advance notice
as is required by the plan administrator),
affirmatively elects to--
``(i) make contributions at a different
rate, or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes
of an automatic contribution arrangement described in
subparagraph (A), the plan sponsor--
``(i) shall select a participant
contribution rate under such automatic
contribution arrangement which meets the
requirements of subparagraph (A), and
``(ii) may amend such rate (prior to the
plan year for which such amendment would take
effect) not more than once annually.
``(5) Disclosure by plan sponsor.--
``(A) In general.--With respect to a defined
contribution plan which includes a pension-linked
emergency savings account, the administrator of the
plan shall, not less than 30 days and not more than 90
days prior to the date of the first contribution to the
pension-linked emergency savings account, including any
contribution under an automatic contribution
arrangement described in section 801(d)(2) of the
Employee Retirement Income Security Act of 1974, or the
date of any adjustment to the participant contribution
rate under section 801(d)(2)(B)(ii) of such Act, and
not less than annually thereafter, shall furnish to the
participant a notice describing--
``(i) the purpose of the account, which is
for short-term, emergency savings;
``(ii) the limits on, and tax treatment of,
contributions to the pension-linked emergency
savings account of the participant;
``(iii) any fees, expenses, restrictions,
or charges associated with such pension-linked
emergency savings account;
``(iv) procedures for electing to make
contributions or opting out of the pension-
linked emergency savings account, changing
participant contribution rates for such
account, and making participant withdrawals
from such pension-linked emergency savings
account, including any limits on frequency;
``(v) the amount of the intended
contribution or the change in the percentage of
the compensation of the participant of such
contribution, if applicable;
``(vi) the amount in the pension-linked
emergency savings account and the amount or
percentage of compensation that a participant
has contributed to such account;
``(vii) the designated investment option
under section 801(c)(1)(A)(iii) of the Employee
Retirement Income Security Act of 1974 for
amounts contributed to the pension-linked
emergency savings account;
``(viii) the options under section 801(e)
of such Act for the account balance of the
pension-linked emergency savings account after
termination of the employment of the
participant; and
``(ix) the ability of a participant who
becomes a highly compensated employee (as such
term is defined in section 414(q)) to, as
described in section 801(b)(2) of the Employee
Retirement Income Security Act of 1974,
withdraw any account balance from a pension-
linked emergency savings account and the
restriction on the ability of such a
participant to make further contributions to
the pension-linked emergency savings account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and
comprehensive to apprise the participant of the
rights and obligations of the participant with
regard to the pension-linked emergency savings
account of the participant; and
``(ii) written in a manner calculated to be
understood by the average participant.
``(C) Consolidated notices.--The required notices
under subparagraph (A) may be included with any other
notice under the Employee Retirement Income Security
Act of 1974, including under section 404(c)(5)(B) or
514(e)(3) of such Act, or under section 401(k)(13)(E)
or 414(w)(4), if such other notice is provided to the
participant at the time required for such notice.
``(6) Employer matching contributions to a defined
contribution plan for employee contributions to a pension-
linked emergency savings account.--
``(A) In general.--If an employer makes any
matching contributions to a defined contribution plan
of which a pension-linked emergency savings account is
part, subject to the limitations of paragraph (3), the
employer shall make matching contributions on behalf of
an eligible participant on account of the participant's
contributions to the pension-linked emergency savings
account at the same rate as any other matching
contribution on account of an elective contribution by
such participant. The matching contributions shall be
made to the participant's account under the defined
contribution plan which is not the pension-linked
emergency savings account. Such matching contributions
on account of contributions to the pension-linked
emergency savings account shall not exceed the maximum
account balance under paragraph (3)(A) for such plan
year.
``(B) Coordination rule.--For purposes of any
applicable limitation on matching contributions, any
matching contributions made under the plan shall be
treated first as attributable to the elective deferrals
of the participant other than contributions to a
pension-linked emergency savings account.
``(C) Matching contributions.--For purposes of
subparagraph (A), the term `matching contribution' has
the meaning given such term in section 401(m)(4).
``(7) Distributions.--
``(A) In general.--A pension-linked emergency
savings account shall allow for withdrawal by the
participant on whose behalf the account is established
of the account balance, in whole or in part at the
discretion of the participant, at least once per
calendar month and for distribution of such withdrawal
to the participant as soon as practicable after the
date on which the participant elects to make such
withdrawal.
``(B) Treatment of distributions.--Any distribution
from a pension-linked emergency savings account in
accordance with subparagraph (A)--
``(i) shall be treated as a qualified
distribution for purposes of subsection (d),
and
``(ii) shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
``(8) Account balance after termination.--
``(A) In general.--Upon termination of employment
of the participant, or termination by the plan sponsor
of the pension-linked emergency savings account, the
pension-linked emergency savings account of such
participant in a defined contribution plan shall--
``(i) allow, at the election of the
participant, for transfer by the participant of
the account balance of such account, in whole
or in part, into another designated Roth
account of the participant under the defined
contribution plan; and
``(ii) for any amounts in such account not
transferred under paragraph (1), make such
amounts available within a reasonable time to
the participant.
``(B) Prohibition of certain transfers.--No amounts
shall be transferred by the participant from another
account of the participant under any plan of the
employer into the pension-linked emergency savings
account of the participant.
``(C) Coordination with section 72.--Subparagraph
(F) of section 408A(d)(3) shall not apply (including by
reason of subsection (c)(4)(D) of this section) to any
rollover contribution of amounts in a pension-linked
emergency savings account under subparagraph (A).
``(9) Coordination with distribution of excess deferrals.--
If any excess deferrals are distributed under section
402(g)(2)(A) to a participant, such amounts shall be
distributed first from any pension-linked emergency savings
account of the participant to the extent contributions were
made to such account for the taxable year.
``(10) Treatment of account balances.--
``(A) In general.--Except as provided in
subparagraph (B), a distribution from a pension-linked
emergency savings account shall not be treated as an
eligible rollover distribution for purposes of sections
401(a)(31), 402(f), and 3405.
``(B) Termination.--In the case of termination of
employment of the participant, or termination by the
plan sponsor of the pension-linked emergency savings
account, except for purposes of 401(a)(31)(B), a
distribution from a pension-linked emergency savings
account which is contributed as provided in paragraph
(8)(A)(i) shall be treated as an eligible rollover
distribution.
``(11) Exception to plan amendment rules.--Notwithstanding
section 411(d)(6), a plan which includes a pension-linked
emergency savings account may cease to offer such accounts at
any time.
``(12) Anti-abuse rules.--A plan of which a pension-linked
emergency savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with
respect to contributions to such account, solely to the
extent necessary to prevent manipulation of the rules
of the plan to cause matching contributions to exceed
the intended amounts or frequency, and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and
employee contributions, whether or not matched and
whether or not made pursuant to an automatic
contribution arrangement described in paragraph (4).
The Secretary, in consultation with the Secretary of Labor,
shall issue regulations or other guidance not later than 12
months after the date of the enactment of the SECURE 2.0 Act of
2022 with respect to the anti-abuse rules described in the
preceding sentence.''.
(2) Treatment for purposes of additional tax on early
distributions.--Section 72(t)(2), as amended by the preceding
provisions of this Act, is further amended by adding at the end
the following new subparagraph:
``(J) Distributions from pension-linked emergency
savings account.--Distributions from a pension-linked
emergency savings account pursuant to section
402A(e).''.
(3) Basis recovery.--Section 72(d) is amended by adding at
the end the following new paragraph:
``(3) Treatment of contributions to a pension-linked
emergency savings account.--For purposes of this section,
contributions to a pension-linked emergency savings account to
which section 402A(e) applies (and any income allocable
thereto) may be treated as a separate contract.''.
(f) Regulatory Authority.--The Secretary of Labor and the Secretary
of the Treasury (or a delegate of either such Secretary) shall have
authority to issue regulations or other guidance, and to coordinate in
developing regulations or other guidance, to carry out the purposes of
this Act, including--
(1) adjustment of the limitation under section 801(d)(1) of
the Employee Retirement Income Security Act of 1974 and section
402A(e)(3) of the Internal Revenue Code of 1986, as added by
this Act, to account for inflation;
(2) expansion of corrections programs, if necessary;
(3) model plan language and notices relating to pension-
linked emergency savings accounts; and
(4) with regard to interactions with section 401(k)(13) of
the Internal Revenue Code of 1986.
(g) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 128. ENHANCEMENT OF 403(B) PLANS.
(a) In General.--Subparagraph (A) of section 403(b)(7) is amended
by striking ``if the amounts are to be invested in regulated investment
company stock to be held in that custodial account'' and inserting ``if
the amounts are to be held in that custodial account and are invested
in regulated investment company stock or a group trust intended to
satisfy the requirements of Internal Revenue Service Revenue Ruling 81-
100 (or any successor guidance)''.
(b) Conforming Amendment.--The heading of paragraph (7) of section
403(b) is amended by striking ``for regulated investment company
stock''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts invested after the date of the enactment of this Act.
TITLE II--PRESERVATION OF INCOME
SEC. 201. REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE
ANNUITIES.
(a) In General.--Section 401(a)(9) is amended by adding at the end
the following new subparagraph:
``(J) Certain increases in payments under a
commercial annuity.--Nothing in this section shall
prohibit a commercial annuity (within the meaning of
section 3405(e)(6)) that is issued in connection with
any eligible retirement plan (within the meaning of
section 402(c)(8)(B), other than a defined benefit
plan) from providing one or more of the following types
of payments on or after the annuity starting date:
``(i) annuity payments that increase by a
constant percentage, applied not less
frequently than annually, at a rate that is
less than 5 percent per year,
``(ii) a lump sum payment that--
``(I) results in a shortening of
the payment period with respect to an
annuity or a full or partial
commutation of the future annuity
payments, provided that such lump sum
is determined using reasonable
actuarial methods and assumptions, as
determined in good faith by the issuer
of the contract, or
``(II) accelerates the receipt of
annuity payments that are scheduled to
be received within the ensuing 12
months, regardless of whether such
acceleration shortens the payment
period with respect to the annuity,
reduces the dollar amount of benefits
to be paid under the contract, or
results in a suspension of annuity
payments during the period being
accelerated,
``(iii) an amount which is in the nature of
a dividend or similar distribution, provided
that the issuer of the contract determines such
amount using reasonable actuarial methods and
assumptions, as determined in good faith by the
issuer of the contract, when calculating the
initial annuity payments and the issuer's
experience with respect to those factors, or
``(iv) a final payment upon death that does
not exceed the excess of the total amount of
the consideration paid for the annuity
payments, less the aggregate amount of prior
distributions or payments from or under the
contract.''.
(b) Effective Date.--This section shall apply to calendar years
ending after the date of the enactment of this Act.
SEC. 202. QUALIFYING LONGEVITY ANNUITY CONTRACTS.
(a) In General.--Not later than the date which is 18 months after
the date of the enactment of this Act, the Secretary of the Treasury
(or the Secretary's delegate) shall amend the regulation issued by the
Department of the Treasury relating to ``Longevity Annuity Contracts''
(79 Fed. Reg. 37633 (July 2, 2014)), as follows:
(1) Repeal 25-percent premium limit.--The Secretary (or
delegate) shall amend Q&A-17(b)(3) of Treas. Reg. section
1.401(a)(9)-6 and Q&A-12(b)(3) of Treas. Reg. section 1.408-8
to eliminate the requirement that premiums for qualifying
longevity annuity contracts be limited to 25 percent of an
individual's account balance, and to make such corresponding
changes to the regulations and related forms as are necessary
to reflect the elimination of this requirement.
(2) Increase dollar limitation.--
(A) In general.--The Secretary (or delegate) shall
amend Q&A-17(b)(2)(i) of Treas. Reg. section
1.401(a)(9)-6 and Q&A-12(b)(2)(i) of Treas. Reg.
section 1.408-8 to increase the dollar limitation on
premiums for qualifying longevity annuity contracts
from $125,000 to $200,000, and to make such
corresponding changes to the regulations and related
forms as are necessary to reflect this increase in the
dollar limitation.
(B) Adjustments for inflation.--The Secretary (or
delegate) shall amend Q&A-17(d)(2)(i) of Treas. Reg.
section 1.401(a)(9)-6 to provide that, in the case of
calendar years beginning on or after January 1 of the
second year following the year of enactment of this
Act, the $200,000 dollar limitation (as increased by
subparagraph (A)) will be adjusted at the same time and
in the same manner as the limits are adjusted under
section 415(d) of the Internal Revenue Code of 1986,
except that the base period shall be the calendar
quarter beginning July 1 of the year of enactment of
this Act, and any increase to such dollar limitation
which is not a multiple of $10,000 will be rounded to
the next lowest multiple of $10,000.
(3) Facilitate joint and survivor benefits.--The Secretary
(or delegate) shall amend Q&A-17(c) of Treas. Reg. section
1.401(a)(9)-6, and make such corresponding changes to the
regulations and related forms as are necessary, to provide
that, in the case of a qualifying longevity annuity contract
which was purchased with joint and survivor annuity benefits
for the individual and the individual's spouse which were
permissible under the regulations at the time the contract was
originally purchased, a divorce occurring after the original
purchase and before the annuity payments commence under the
contract will not affect the permissibility of the joint and
survivor annuity benefits or other benefits under the contract,
or require any adjustment to the amount or duration of benefits
payable under the contract, provided that any qualified
domestic relations order (within the meaning of section 414(p)
of the Internal Revenue Code of 1986) or, in the case of an
arrangement not subject to section 414(p) of such Code or
section 206(d) of the Employee Retirement Income Security Act
of 1974, any divorce or separation instrument (as defined in
subsection (b))--
(A) provides that the former spouse is entitled to
the survivor benefits under the contract;
(B) provides that the former spouse is treated as a
surviving spouse for purposes of the contract;
(C) does not modify the treatment of the former
spouse as the beneficiary under the contract who is
entitled to the survivor benefits; or
(D) does not modify the treatment of the former
spouse as the measuring life for the survivor benefits
under the contract.
(4) Permit short free look period.--The Secretary (or
delegate) shall amend Q&A-17(a)(4) of Treas. Reg. section
1.401(a)(9)-6 to ensure that such Q&A does not preclude a
contract from including a provision under which an employee may
rescind the purchase of the contract within a period not
exceeding 90 days from the date of purchase.
(b) Divorce or Separation Instrument.--For purposes of subsection
(a)(3), the term ``divorce or separation instrument'' means--
(1) a decree of divorce or separate maintenance or a
written instrument incident to such a decree;
(2) a written separation agreement; or
(3) a decree (not described in paragraph (1)) requiring a
spouse to make payments for the support or maintenance of the
other spouse.
(c) Effective Dates, Enforcement, and Interpretations.--
(1) Effective dates.--
(A) Paragraphs (1) and (2) of subsection (a) shall
be effective with respect to contracts purchased or
received in an exchange on or after the date of the
enactment of this Act.
(B) Paragraphs (3) and (4) of subsection (a) shall
be effective with respect to contracts purchased or
received in an exchange on or after July 2, 2014.
(2) Enforcement and interpretations.--Prior to the date on
which the Secretary of the Treasury issues final regulations
pursuant to subsection (a)--
(A) the Secretary (or delegate) shall administer
and enforce the law in accordance with subsection (a)
and the effective dates in paragraph (1) of this
subsection; and
(B) taxpayers may rely upon their reasonable good
faith interpretations of subsection (a).
(d) Regulatory Successor Provision.--Any reference to a regulation
under this section shall be treated as including a reference to any
successor regulation thereto.
SEC. 203. INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
(a) In General.--Not later than the date which is 7 years after the
date of the enactment of this Act, the Secretary of the Treasury (or
the Secretary's delegate) shall amend the regulation issued by the
Department of the Treasury relating to ``Income Tax; Diversification
Requirements for Variable Annuity, Endowment, and Life Insurance
Contracts'', 54 Fed. Reg. 8728 (March 2, 1989), and make any necessary
corresponding amendments to other regulations, in order to facilitate
the use of exchange-traded funds as investment options under variable
contracts within the meaning of section 817(d) of the Internal Revenue
Code of 1986, in accordance with subsections (b) and (c) of this
section.
(b) Designate Certain Authorized Participants and Market Makers as
Eligible Investors.--The Secretary of the Treasury (or the Secretary's
delegate) shall amend Treas. Reg. section 1.817-5(f)(3) to provide that
satisfaction of the requirements in Treas. Reg. section 1.817-
5(f)(2)(i) with respect to an exchange-traded fund shall not be
prevented by reason of beneficial interests in such a fund being held
by 1 or more authorized participants or market makers.
(c) Define Relevant Terms.--In amending Treas. Reg. section 1.817-
5(f)(3) in accordance with subsection (b), the Secretary of the
Treasury (or the Secretary's delegate) shall provide definitions
consistent with the following:
(1) Exchange-traded fund.--The term ``exchange-traded
fund'' means a regulated investment company, partnership, or
trust--
(A) that is registered with the Securities and
Exchange Commission as an open-end investment company
or a unit investment trust;
(B) the shares of which can be purchased or
redeemed directly from the fund only by an authorized
participant; and
(C) the shares of which are traded throughout the
day on a national stock exchange at market prices that
may or may not be the same as the net asset value of
the shares.
(2) Authorized participant.--The term ``authorized
participant'' means a financial institution that is a member or
participant of a clearing agency registered under section
17A(b) of the Securities Exchange Act of 1934 that enters into
a contractual relationship with an exchange-traded fund
pursuant to which the financial institution is permitted to
purchase and redeem shares directly from the fund and to sell
such shares to third parties, but only if the contractual
arrangement or applicable law precludes the financial
institution from--
(A) purchasing the shares for its own investment
purposes rather than for the exclusive purpose of
creating and redeeming such shares on behalf of third
parties; and
(B) selling the shares to third parties who are not
market makers or otherwise described in Treas. Reg.
section 1.817-5(f) (1) and (3).
(3) Market maker.--The term ``market maker'' means a
financial institution that is a registered broker or dealer
under section 15(b) of the Securities Exchange Act of 1934 that
maintains liquidity for an exchange-traded fund on a national
stock exchange by being always ready to buy and sell shares of
such fund on the market, but only if the financial institution
is contractually or legally precluded from selling or buying
such shares to or from persons who are not authorized
participants or otherwise described in Treas. Reg. section
1.817-5(f) (2) and (3).
(d) Effective Date.--This section shall apply to segregated asset
account investments made on or after the date which is 7 years after
the date of the enactment of this Act.
SEC. 204. ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
(a) Eliminating a Penalty on Partial Annuitization.--The Secretary
of the Treasury (or the Secretary's delegate) shall amend the
regulations under section 401(a)(9) of the Internal Revenue Code of
1986 to provide that if an employee's benefit is in the form of an
individual account under a defined contribution plan, the plan may
allow the employee to elect to have the amount required to be
distributed from such account under such section for a year to be
calculated as the excess of the total required amount for such year
over the annuity amount for such year.
(b) Definitions.--For purposes of this section--
(1) Total required amount.--The term ``total required
amount'', with respect to a year, means the amount which would
be required to be distributed under Treas. Reg. section
1.401(a)(9)-5 (or any successor regulation) for the year,
determined by treating the account balance as of the last
valuation date in the immediately preceding calendar year as
including the value on that date of all annuity contracts which
were purchased with a portion of the account and from which
payments are made in accordance with Treas. Reg. section
1.401(a)(9)-6.
(2) Annuity amount.--The term ``annuity amount'', with
respect to a year, is the total amount distributed in the year
from all annuity contracts described in paragraph (1).
(c) Conforming Regulatory Amendments.--The Secretary of the
Treasury (or the Secretary's delegate) shall amend the regulations
under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the
Internal Revenue Code of 1986 to conform to the amendments described in
subsection (a). Such conforming amendments shall treat all individual
retirement plans (as defined in section 7701(a)(37) of such Code) which
an individual holds as the owner, or which an individual holds as a
beneficiary of the same decedent, as one such plan for purposes of the
amendments described in subsection (a). Such conforming amendments
shall also treat all contracts described in section 403(b) of such Code
which an individual holds as an employee, or which an individual holds
as a beneficiary of the same decedent, as one such contract for such
purposes.
(d) Effective Date.--The modifications and amendments required
under subsections (a) and (c) shall be deemed to have been made as of
the date of the enactment of this Act, and as of such date--
(1) all applicable laws shall be applied in all respects as
though the actions which the Secretary of the Treasury (or the
Secretary's delegate) is required to take under such
subsections had been taken, and
(2) until such time as such actions are taken, taxpayers
may rely upon their reasonable good faith interpretations of
this section.
TITLE III--SIMPLIFICATION AND CLARIFICATION OF RETIREMENT PLAN RULES
SEC. 301. RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.
(a) Overpayments Under ERISA.--Section 206 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056) is amended by
adding at the end the following new subsection:
``(h) Special Rules Applicable to Benefit Overpayments.--
``(1) General rule.--In the case of an inadvertent benefit
overpayment by any pension plan, the responsible plan fiduciary
shall not be considered to have failed to comply with the
requirements of this title merely because such fiduciary
determines, in the exercise of its discretion, not to seek
recovery of all or part of such overpayment from--
``(A) any participant or beneficiary,
``(B) any plan sponsor of, or contributing employer
to--
``(i) an individual account plan, provided
that the amount needed to prevent or restore
any impermissible forfeiture from any
participant's or beneficiary's account arising
in connection with the overpayment is,
separately from and independently of the
overpayment, allocated to such account pursuant
to the nonforfeitability requirements of
section 203 (for example, out of the plan's
forfeiture account, additional employer
contributions, or recoveries from those
responsible for the overpayment), or
``(ii) a defined benefit pension plan
subject to the funding rules in part 3 of this
subtitle B, unless the responsible plan
fiduciary determines, in the exercise of its
fiduciary discretion, that failure to recover
all or part of the overpayment faster than
required under such funding rules would
materially affect the plan's ability to pay
benefits due to other participants and
beneficiaries, or
``(C) any fiduciary of the plan, other than a
fiduciary (including a plan sponsor or contributing
employer acting in a fiduciary capacity) whose breach
of its fiduciary duties resulted in such overpayment,
provided that if the plan has established prudent
procedures to prevent and minimize overpayment of
benefits and the relevant plan fiduciaries have
followed such procedures, an inadvertent benefit
overpayment will not give rise to a breach of fiduciary
duty.
``(2) Reduction in future benefit payments and recovery
from responsible party.--Paragraph (1) shall not fail to apply
with respect to any inadvertent benefit overpayment merely
because, after discovering such overpayment, the responsible
plan fiduciary--
``(A) reduces future benefit payments to the
correct amount provided for under the terms of the
plan, or
``(B) seeks recovery from the person or persons
responsible for the overpayment.
``(3) Employer funding obligations.--Nothing in this
subsection shall relieve an employer of any obligation imposed
on it to make contributions to a plan to meet the minimum
funding standards under part 3 of this subtitle B or to prevent
or restore an impermissible forfeiture in accordance with
section 203.
``(4) Recoupment from participants and beneficiaries.--If
the responsible plan fiduciary, in the exercise of its
fiduciary discretion, decides to seek recoupment from a
participant or beneficiary of all or part of an inadvertent
benefit overpayment made by the plan to such participant or
beneficiary, it may do so, subject to the following conditions:
``(A) No interest or other additional amounts (such
as collection costs or fees) are sought on overpaid
amounts for any period.
``(B) If the plan seeks to recoup past overpayments
of a non-decreasing annuity by reducing future benefit
payments--
``(i) the reduction ceases after the plan
has recovered the full dollar amount of the
overpayment,
``(ii) the amount recouped each calendar
year does not exceed 10 percent of the full
dollar amount of the overpayment, and
``(iii) future benefit payments are not
reduced to below 90 percent of the periodic
amount otherwise payable under the terms of the
plan.
Alternatively, if the plan seeks to recoup past
overpayments of a non-decreasing annuity through one or
more installment payments, the sum of such installment
payments in any calendar year does not exceed the sum
of the reductions that would be permitted in such year
under the preceding sentence.
``(C) If the plan seeks to recoup past overpayments
of a benefit other than a non-decreasing annuity, the
plan satisfies requirements developed by the Secretary
of Labor for purposes of this subparagraph.
``(D) Efforts to recoup overpayments are--
``(i) not accompanied by threats of
litigation, unless the responsible plan
fiduciary makes a determination that there is a
reasonable likelihood of success to recover an
amount greater than the cost of recovery, and
``(ii) not made through a collection agency
or similar third party, unless the participant
or beneficiary ignores or rejects efforts to
recoup the overpayment following either a final
judgment in Federal or State court or a
settlement between the participant or
beneficiary and the plan, in either case
authorizing such recoupment.
``(E) Recoupment of past overpayments to a
participant is not sought from any beneficiary of the
participant, including a spouse, surviving spouse,
former spouse, or other beneficiary.
``(F) Recoupment may not be sought if the first
overpayment occurred more than 3 years before the
participant or beneficiary is first notified in writing
of the error, except in the case of fraud or
misrepresentation by the participant.
``(G) A participant or beneficiary from whom
recoupment is sought is entitled to contest all or part
of the recoupment pursuant to the claims procedures of
the plan that made the overpayment to the extent such
procedures are consistent with section 503 of this
title and in the case of an inadvertent benefit
overpayment from a plan to which paragraph (1) applies
that is transferred to an eligible retirement plan (as
defined in section 402(c)(8)(B) of the Internal Revenue
Code of 1986) by or on behalf of a participant or
beneficiary--
``(i) such plan shall notify the plan
receiving the rollover of such dispute,
``(ii) the plan receiving the rollover
shall retain such overpayment on behalf of the
participant or beneficiary (and shall be
entitled to treat such overpayment as plan
assets) pending the outcome of such procedures,
and
``(iii) the portion of such overpayment
with respect to which recoupment is sought on
behalf of the plan shall be permitted to be
returned to such plan if it is determined to be
an overpayment (and the plans making and
receiving such transfer shall be treated as
permitting such transfer).
``(H) In determining the amount of recoupment to
seek, the responsible plan fiduciary may take into
account the hardship that recoupment likely would
impose on the participant or beneficiary.
``(5) Effect of culpability.--Subparagraphs (A) through (F)
of paragraph (4) shall not apply to protect a participant or
beneficiary who is culpable. For purposes of this paragraph, a
participant or beneficiary is culpable if the individual bears
responsibility for the overpayment (such as through
misrepresentations or omissions that led to the overpayment),
or if the individual knew that the benefit payment or payments
were materially in excess of the correct amount.
Notwithstanding the preceding sentence, an individual is not
culpable merely because the individual believed the benefit
payment or payments were or might be in excess of the correct
amount, if the individual raised that question with an
authorized plan representative and was told the payment or
payments were not in excess of the correct amount.''.
(b) Overpayments Under Internal Revenue Code of 1986.--
(1) Qualification requirements.--Section 414 is amended by
adding at the end the following new subsection:
``(aa) Special Rules Applicable to Benefit Overpayments.--
``(1) In general.--A plan shall not fail to be treated as
described in clause (i), (ii), (iii), or (iv) of section
219(g)(5)(A) (and shall not fail to be treated as satisfying
the requirements of section 401(a) or 403) merely because--
``(A) the plan fails to obtain payment from any
participant, beneficiary, employer, plan sponsor,
fiduciary, or other party on account of any inadvertent
benefit overpayment made by the plan, or
``(B) the plan sponsor amends the plan to increase
past, or decrease future, benefit payments to affected
participants and beneficiaries in order to adjust for
prior inadvertent benefit overpayments.
``(2) Reduction in future benefit payments and recovery
from responsible party.--Paragraph (1) shall not fail to apply
to a plan merely because, after discovering a benefit
overpayment, such plan--
``(A) reduces future benefit payments to the
correct amount provided for under the terms of the
plan, or
``(B) seeks recovery from the person or persons
responsible for such overpayment.
``(3) Employer funding obligations.--Nothing in this
subsection shall relieve an employer of any obligation imposed
on it to make contributions to a plan to meet the minimum
funding standards under sections 412 and 430 or to prevent or
restore an impermissible forfeiture in accordance with section
411.
``(4) Observance of benefit limitations.--Notwithstanding
paragraph (1), a plan to which paragraph (1) applies shall
observe any limitations imposed on it by section 401(a)(17) or
415. The plan may enforce such limitations using any method
approved by the Secretary for recouping benefits previously
paid or allocations previously made in excess of such
limitations.
``(5) Coordination with other qualification requirements.--
The Secretary may issue regulations or other guidance of
general applicability specifying how benefit overpayments and
their recoupment or non-recoupment from a participant or
beneficiary shall be taken into account for purposes of
satisfying any requirement applicable to a plan to which
paragraph (1) applies.''.
(2) Rollovers.--Section 402(c) is amended by adding at the
end the following new paragraph:
``(12) In the case of an inadvertent benefit overpayment
from a plan to which section 414(aa)(1) applies that is
transferred to an eligible retirement plan by or on behalf of a
participant or beneficiary--
``(A) the portion of such overpayment with respect
to which recoupment is not sought on behalf of the plan
shall be treated as having been paid in an eligible
rollover distribution if the payment would have been an
eligible rollover distribution but for being an
overpayment, and
``(B) the portion of such overpayment with respect
to which recoupment is sought on behalf of the plan
shall be permitted to be returned to such plan and in
such case shall be treated as an eligible rollover
distribution transferred to such plan by the
participant or beneficiary who received such
overpayment (and the plans making and receiving such
transfer shall be treated as permitting such
transfer).''.
(c) Effective Date.--The amendments made by this section shall
apply as of the date of the enactment of this Act.
(d) Certain Actions Before Date of Enactment.--Plans, fiduciaries,
employers, and plan sponsors are entitled to rely on--
(1) a reasonable good faith interpretation of then existing
administrative guidance for inadvertent benefit overpayment
recoupments and recoveries that commenced before the date of
enactment of this Act, and
(2) determinations made before the date of enactment of
this Act by the responsible plan fiduciary, in the exercise of
its fiduciary discretion, not to seek recoupment or recovery of
all or part of an inadvertent benefit overpayment.
In the case of a benefit overpayment that occurred prior to the date of
enactment of this Act, any installment payments by the participant or
beneficiary to the plan or any reduction in periodic benefit payments
to the participant or beneficiary, which were made in recoupment of
such overpayment and which commenced prior to such date, may continue
after such date. Nothing in this subsection shall relieve a fiduciary
from responsibility for an overpayment that resulted from a breach of
its fiduciary duties.
SEC. 302. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED
RETIREMENT PLANS.
(a) In General.--Section 4974(a) is amended by striking ``50
percent'' and inserting ``25 percent''.
(b) Reduction in Excise Tax on Failures to Take Required Minimum
Distributions.--Section 4974 is amended by adding at the end the
following new subsection:
``(e) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) receives a distribution, during the
correction window, of the amount which resulted in
imposition of a tax under subsection (a) from the same
plan to which such tax relates, and
``(B) submits a return, during the correction
window, reflecting such tax (as modified by this
subsection),
the first sentence of subsection (a) shall be applied by
substituting `10 percent' for `25 percent'.
``(2) Correction window.--For purposes of this subsection,
the term `correction window' means the period of time beginning
on the date on which the tax under subsection (a) is imposed
with respect to a shortfall of distributions from a plan
described in subsection (a), and ending on the earliest of--
``(A) the date of mailing a notice of deficiency
with respect to the tax imposed by subsection (a) under
section 6212,
``(B) the date on which the tax imposed by
subsection (a) is assessed, or
``(C) the last day of the second taxable year that
begins after the end of the taxable year in which the
tax under subsection (a) is imposed.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 303. RETIREMENT SAVINGS LOST AND FOUND.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following:
``SEC. 523. RETIREMENT SAVINGS LOST AND FOUND.
``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this section, the Secretary, in consultation
with the Secretary of the Treasury, shall establish an online
searchable database (to be managed by the Secretary in
accordance with this section) to be known as the `Retirement
Savings Lost and Found'. The Retirement Savings Lost and Found
shall--
``(A) allow an individual to search for information
that enables the individual to locate the administrator
of any plan described in paragraph (2) with respect to
which the individual is or was a participant or
beneficiary, and provide contact information for the
administrator of any such plan;
``(B) allow the Secretary to assist such an
individual in locating any such plan of the individual;
and
``(C) allow the Secretary to make any necessary
changes to contact information on record for the
administrator based on any changes to the plan due to
merger or consolidation of the plan with any other
plan, division of the plan into two or more plans,
bankruptcy, termination, change in name of the plan,
change in name or address of the administrator, or
other causes.
``(2) Plans described.--A plan described in this paragraph
is a plan to which the vesting standards of section 203 apply.
``(b) Administration.--The Retirement Savings Lost and Found
established under subsection (a) shall provide individuals described in
subsection (a)(1) only with the ability to search for information that
enables the individual to locate the administrator and contact
information for the administrator of any plan with respect to which the
individual is or was a participant or beneficiary, sufficient to allow
the individual to locate the individual's plan in order to make a claim
for benefits owing to the individual under the plan.
``(c) Safeguarding Participant Privacy and Security.--In
establishing the Retirement Savings Lost and Found under subsection
(a), the Secretary, in consultation with the Secretary of the Treasury,
shall take all necessary and proper precautions to--
``(1) ensure that individuals' plan and personal
information maintained by the Retirement Savings Lost and Found
is protected; and
``(2) allow any individual to contact the Secretary to opt
out of inclusion in the Retirement Savings Lost and Found.
``(d) Definition of Administrator.--For purposes of this section,
the term `administrator' has the meaning given such term in section
3(16)(A).
``(e) Information Collection From Plans.--Effective with respect to
plan years beginning after the second December 31 occurring after the
date of the enactment of this subsection, the administrator of a plan
to which the vesting standards of section 203 apply shall submit to the
Secretary, at such time and in such form and manner as is prescribed in
regulations--
``(1) the information described in paragraphs (1) through
(4) of section 6057(b) of the Internal Revenue Code of 1986;
``(2) the information described in subparagraphs (A) and
(B) of section 6057(a)(2) of such Code;
``(3) the name and taxpayer identifying number of each
participant or former participant in the plan--
``(A) who, during the current plan year or any
previous plan year, was reported under section
6057(a)(2)(C) of such Code, and with respect to whom
the benefits described in clause (ii) thereof were
fully paid during the plan year;
``(B) with respect to whom any amount was
distributed under section 401(a)(31)(B) of such Code
during the plan year; or
``(C) with respect to whom a deferred annuity
contract was distributed during the plan year; and
``(4) in the case of a participant or former participant to
whom paragraph (3) applies--
``(A) in the case of a participant described in
subparagraph (B) thereof, the name and address of the
designated trustee or issuer described in section
401(a)(31)(B)(i) of such Code and the account number of
the individual retirement plan to which the amount was
distributed; and
``(B) in the case of a participant described in
subparagraph (C) thereof, the name and address of the
issuer of such annuity contract and the contract or
certificate number.
``(f) Use of Information Collected.--The Secretary--
``(1) may use or disclose information collected under this
section only for the purpose described in subsection (a)(1)(B),
and
``(2) may disclose such information only to such employees
of the Department of Labor whose official duties relate to the
purpose described in such subsection.
``(g) Program Integrity Audit.--On an annual basis for each of the
first 5 years beginning one year after the establishment of the
database in subsection (a)(1) and every 5 years thereafter, the
Inspector General of the Department of Labor shall--
``(1) conduct an audit of the administration of the
Retirement Savings Lost and Found; and
``(2) submit a report on such audit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate and the Committee on Ways and Means and
the Committee on Education and Labor of the House of
Representatives.''.
(b) Conforming Amendment.--The table of contents for the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is
amended by inserting after the item relating to section 522 the
following:
``Sec. 523. Retirement Savings Lost and Found.''.
SEC. 304. UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.
(a) In General.--Section 203(e)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(e)(1)) and sections
401(a)(31)(B)(ii) and 411(a)(11)(A) are each amended by striking
``$5,000'' and inserting ``$7,000''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 305. EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
(a) In General.--Except as otherwise provided in the Internal
Revenue Code of 1986, regulations, or other guidance of general
applicability prescribed by the Secretary of the Treasury or the
Secretary's delegate (referred to in this section as the
``Secretary''), any eligible inadvertent failure to comply with the
rules applicable under section 401(a), 403(a), 403(b), 408(p), or
408(k) of such Code may be self-corrected under the Employee Plans
Compliance Resolution System (as described in Revenue Procedure 2021-
30, or any successor guidance, and hereafter in this section referred
to as the ``EPCRS''), except to the extent that (1) such failure was
identified by the Secretary prior to any actions which demonstrate a
specific commitment to implement a self-correction with respect to such
failure, or (2) the self-correction is not completed within a
reasonable period after such failure is identified. For purposes of
self-correction of an eligible inadvertent failure, the correction
period under section 9.02 of Revenue Procedure 2021-30 (or any
successor guidance), except as otherwise provided under such Code,
regulations, or other guidance of general applicability prescribed by
the Secretary, is indefinite and has no last day, other than with
respect to failures identified by the Secretary prior to any actions
which demonstrate a specific commitment to implement a self-correction
with respect to such failure or with respect to a self-correction that
is not completed within a reasonable period, as described in the
preceding sentence.
(b) Loan Errors.--In the case of an eligible inadvertent failure
relating to a loan from a plan to a participant--
(1) such failure may be self-corrected under subsection (a)
according to the rules of section 6.07 of Revenue Procedure
2021-30 (or any successor guidance), including the provisions
related to whether a deemed distribution must be reported on
Form 1099-R,
(2) the Secretary of Labor shall treat any such failure
which is so self-corrected under subsection (a) as meeting the
requirements of the Voluntary Fiduciary Correction Program of
the Department of Labor if, with respect to the violation of
the fiduciary standards of the Employee Retirement Income
Security Act of 1974, there is a similar loan error eligible
for correction under EPCRS and the loan error is corrected in
such manner, and
(3) the Secretary of Labor may impose reporting or other
procedural requirements with respect to parties that intend to
rely on the Voluntary Fiduciary Correction Program for self-
corrections described in paragraph (2).
(c) EPCRS for IRAs.--The Secretary shall expand the EPCRS to allow
custodians of individual retirement plans (as defined in section
7701(a)(37) of the Internal Revenue Code of 1986) to address eligible
inadvertent failures with respect to an individual retirement plan (as
so defined), including (but not limited to)--
(1) waivers of the excise tax which would otherwise apply
under section 4974 of the Internal Revenue Code of 1986, and
(2) rules permitting a nonspouse beneficiary to return
distributions to an inherited individual retirement plan
described in section 408(d)(3)(C) of the Internal Revenue Code
of 1986 in a case where, due to an inadvertent error by a
service provider, the beneficiary had reason to believe that
the distribution could be rolled over without inclusion in
income of any part of the distributed amount.
(d) Correction Methods for Eligible Inadvertent Failures.--The
Secretary shall issue guidance on correction methods that are required
to be used to correct eligible inadvertent failures, including general
principles of correction if a specific correction method is not
specified by the Secretary.
(e) Eligible Inadvertent Failure.--For purposes of this section--
(1) In general.--Except as provided in paragraph (2), the
term ``eligible inadvertent failure'' means a failure that
occurs despite the existence of practices and procedures
which--
(A) satisfy the standards set forth in section 4.04
of Revenue Procedure 2021-30 (or any successor
guidance), or
(B) satisfy similar standards in the case of an
individual retirement plan.
(2) Exception.--The term ``eligible inadvertent failure''
shall not include any failure which is egregious, relates to
the diversion or misuse of plan assets, or is directly or
indirectly related to an abusive tax avoidance transaction.
(f) Application of Certain Requirements for Correcting Errors.--
This section shall not apply to any failure unless the correction of
such failure under this section is made in conformity with the general
principles that apply to corrections of such failures under the
Internal Revenue Code of 1986, including regulations or other guidance
issued thereunder and including those principles and corrections set
forth in Revenue Procedure 2021-30 (or any successor guidance).
(g) Issuance of Guidance.--The Secretary of the Treasury, or the
Secretary's delegate, shall revise Revenue Procedure 2021-30 (or any
successor guidance) to take into account the provisions of this section
not later than the date which is 2 years after the date of enactment of
this Act.
SEC. 306. ELIMINATE THE ``FIRST DAY OF THE MONTH'' REQUIREMENT FOR
GOVERNMENTAL SECTION 457(B) PLANS.
(a) In General.--Section 457(b)(4) is amended to read as follows:
``(4) which provides that compensation--
``(A) in the case of an eligible employer described
in subsection (e)(1)(A), will be deferred only if an
agreement providing for such deferral has been entered
into before the compensation is currently available to
the individual, and
``(B) in any other case, will be deferred for any
calendar month only if an agreement providing for such
deferral has been entered into before the beginning of
such month,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 307. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO
SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE
DISTRIBUTION LIMITATION.
(a) One-time Election for Qualified Charitable Distribution to
Split-interest Entity.--Section 408(d)(8) is amended by adding at the
end the following new subparagraph:
``(F) One-time election for qualified charitable
distribution to split-interest entity.--
``(i) In general.--A taxpayer may for a
taxable year elect under this subparagraph to
treat as meeting the requirement of
subparagraph (B)(i) any distribution from an
individual retirement account which is made
directly by the trustee to a split-interest
entity, but only if--
``(I) an election is not in effect
under this subparagraph for a preceding
taxable year,
``(II) the aggregate amount of
distributions of the taxpayer with
respect to which an election under this
subparagraph is made does not exceed
$50,000, and
``(III) such distribution meets the
requirements of clauses (iii) and (iv).
``(ii) Split-interest entity.--For purposes
of this subparagraph, the term `split-interest
entity' means--
``(I) a charitable remainder
annuity trust (as defined in section
664(d)(1)), but only if such trust is
funded exclusively by qualified
charitable distributions,
``(II) a charitable remainder
unitrust (as defined in section
664(d)(2)), but only if such unitrust
is funded exclusively by qualified
charitable distributions, or
``(III) a charitable gift annuity
(as defined in section 501(m)(5)), but
only if such annuity is funded
exclusively by qualified charitable
distributions and commences fixed
payments of 5 percent or greater not
later than 1 year from the date of
funding.
``(iii) Contributions must be otherwise
deductible.--A distribution meets the
requirements of this clause only if--
``(I) in the case of a distribution
to a charitable remainder annuity trust
or a charitable remainder unitrust, a
deduction for the entire value of the
remainder interest in the distribution
for the benefit of a specified
charitable organization would be
allowable under section 170 (determined
without regard to subsection (b)
thereof and this paragraph), and
``(II) in the case of a charitable
gift annuity, a deduction in an amount
equal to the amount of the distribution
reduced by the value of the annuity
described in section 501(m)(5)(B) would
be allowable under section 170
(determined without regard to
subsection (b) thereof and this
paragraph).
``(iv) Limitation on income interests.--A
distribution meets the requirements of this
clause only if--
``(I) no person holds an income
interest in the split-interest entity
other than the individual for whose
benefit such account is maintained, the
spouse of such individual, or both, and
``(II) the income interest in the
split-interest entity is nonassignable.
``(v) Special rules.--
``(I) Charitable remainder
trusts.--Notwithstanding section
664(b), distributions made from a trust
described in subclause (I) or (II) of
clause (ii) shall be treated as
ordinary income in the hands of the
beneficiary to whom the annuity
described in section 664(d)(1)(A) or
the payment described in section
664(d)(2)(A) is paid.
``(II) Charitable gift annuities.--
Qualified charitable distributions made
to fund a charitable gift annuity shall
not be treated as an investment in the
contract for purposes of section
72(c).''.
(b) Inflation Adjustment.--Section 408(d)(8), as amended by
subsection (a), is further amended by adding at the end the following
new subparagraph:
``(G) Inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning after 2023, each of the
dollar amounts in subparagraphs (A) and (F)
shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2022' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
``(ii) Rounding.--If any dollar amount
increased under clause (i) is not a multiple of
$1,000, such dollar amount shall be rounded to
the nearest multiple of $1,000.''.
(c) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after the date of the
enactment of this Act.
SEC. 308. DISTRIBUTIONS TO FIREFIGHTERS.
(a) In General.--Subparagraph (A) of section 72(t)(10) is amended
by striking ``414(d))'' and inserting ``414(d)) or a distribution from
a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B)
to an employee who provides firefighting services''.
(b) Conforming Amendment.--The heading of paragraph (10) of section
72(t) is amended by striking ``in governmental plans'' and inserting
``and private sector firefighters''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 309. EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER
RETIREMENT PAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by inserting after section 139B the following new section:
``SEC. 139C. CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT
PAYMENTS.
``(a) In General.--In the case of an individual who receives
qualified first responder retirement payments for any taxable year,
gross income shall not include so much of such payments as do not
exceed the annualized excludable disability amount with respect to such
individual.
``(b) Qualified First Responder Retirement Payments.--For purposes
of this section, the term `qualified first responder retirement
payments' means, with respect to any taxable year, any pension or
annuity which but for this section would be includible in gross income
for such taxable year and which is received--
``(1) from a plan described in clause (iii), (iv), (v), or
(vi) of section 402(c)(8)(B), and
``(2) in connection with such individual's qualified first
responder service.
``(c) Annualized Excludable Disability Amount.--For purposes of
this section--
``(1) In general.--The term `annualized excludable
disability amount' means, with respect to any individual, the
service-connected excludable disability amounts which are
properly attributable to the 12-month period immediately
preceding the date on which such individual attains retirement
age.
``(2) Service-connected excludable disability amount.--The
term `service-connected excludable disability amount' means
periodic payments received by an individual which--
``(A) are not includible in such individual's gross
income under section 104(a)(1),
``(B) are received in connection with such
individual's qualified first responder service, and
``(C) terminate when such individual attains
retirement age.
``(3) Special rule for partial-year payments.--In the case
of an individual who only receives service-connected excludable
disability amounts properly attributable to a portion of the
12-month period described in paragraph (1), such paragraph
shall be applied by multiplying such amounts by the ratio of
365 to the number of days in such period to which such amounts
were properly attributable.
``(d) Qualified First Responder Service.--For purposes of this
section, the term `qualified first responder service' means service as
a law enforcement officer, firefighter, paramedic, or emergency medical
technician.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 is amended by inserting after the item
relating to section 139B the following new item:
``Sec. 139C. Certain disability-related first responder retirement
payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received with respect to taxable years beginning after
December 31, 2026.
SEC. 310. APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION PLANS
COVERING EXCLUDABLE EMPLOYEES.
(a) In General.--Paragraph (2) of section 416(c) is amended by
adding at the end the following new subparagraph:
``(C) Application to employees not meeting age and
service requirements.--Any employees not meeting the
age or service requirements of section 410(a)(1)
(without regard to subparagraph (B) thereof) may be
excluded from consideration in determining whether any
plan of the employer meets the requirements of
subparagraphs (A) and (B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning after December 31, 2023.
SEC. 311. REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION LIMITED
TO 3 YEARS.
(a) In General.--Section 72(t)(2)(H)(v)(I) is amended by striking
``may make'' and inserting ``may, at any time during the 3-year period
beginning on the day after the date on which such distribution was
received, make''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to distributions
made after the date of the enactment of this Act.
(2) Temporary rule with respect to distributions already
made.--In the case of a qualified birth or adoption
distribution (as defined in section 72(t)(2)(H)(iii)(I) of the
Internal Revenue Code of 1986) made on or before the date of
the enactment of this Act, section 72(t)(2)(H)(v)(I) of such
Code (as amended by this Act) shall apply to such distribution
by substituting ``after such distribution and before January 1,
2026'' for ``during the 3-year period beginning on the day
after the date on which such distribution was received''.
SEC. 312. EMPLOYER MAY RELY ON EMPLOYEE CERTIFYING THAT DEEMED HARDSHIP
DISTRIBUTION CONDITIONS ARE MET.
(a) Cash or Deferred Arrangements.--Section 401(k)(14) is amended
by adding at the end the following new subparagraph:
``(C) Employee certification.--In determining
whether a distribution is upon the hardship of an
employee, the administrator of the plan may rely on a
written certification by the employee that the
distribution is--
``(i) on account of a financial need of a
type which is deemed in regulations prescribed
by the Secretary to be an immediate and heavy
financial need, and
``(ii) not in excess of the amount required
to satisfy such financial need, and
that the employee has no alternative means reasonably
available to satisfy such financial need. The Secretary
may provide by regulations for exceptions to the rule
of the preceding sentence in cases where the plan
administrator has actual knowledge to the contrary of
the employee's certification, and for procedures for
addressing cases of employee misrepresentation.''.
(b) 403(b) Plans.--
(1) Custodial accounts.--Section 403(b)(7) is amended by
adding at the end the following new subparagraph:
``(D) Employee certification.--In determining
whether a distribution is upon the financial hardship
of an employee, the administrator of the plan may rely
on a written certification by the employee that the
distribution is--
``(i) on account of a financial need of a
type which is deemed in regulations prescribed
by the Secretary to be an immediate and heavy
financial need, and
``(ii) not in excess of the amount required
to satisfy such financial need, and
that the employee has no alternative means reasonably
available to satisfy such financial need. The Secretary
may provide by regulations for exceptions to the rule
of the preceding sentence in cases where the plan
administrator has actual knowledge to the contrary of
the employee's certification, and for procedures for
addressing cases of employee misrepresentation.''.
(2) Annuity contracts.--Section 403(b)(11) is amended by
adding at the end the following: ``In determining whether a
distribution is upon hardship of an employee, the administrator
of the plan may rely on a written certification by the employee
that the distribution is on account of a financial need of a
type which is deemed in regulations prescribed by the Secretary
to be an immediate and heavy financial need and is not in
excess of the amount required to satisfy such financial need,
and that the employee has no alternative means reasonably
available to satisfy such financial need. The Secretary may
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator has
actual knowledge to the contrary of the employee's
certification, and for procedures for addressing cases of
employee misrepresentation.''.
(c) 457(b) Plan.--Section 457(d) is amended by adding at the end
the following new paragraph:
``(4) Participant certification.--In determining whether a
distribution to a participant is made when the participant is
faced with an unforeseeable emergency, the administrator of a
plan maintained by an eligible employer described in subsection
(e)(1)(A) may rely on a written certification by the
participant that the distribution is--
``(A) made when the participant is faced with an
unforeseeable emergency of a type which is described in
regulations prescribed by the Secretary as an
unforeseeable emergency, and
``(B) not in excess of the amount required to
satisfy the emergency need, and
that the participant has no alternative means reasonably
available to satisfy such emergency need. The Secretary may
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator has
actual knowledge to the contrary of the participant's
certification, and for procedures for addressing cases of
participant misrepresentation.''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 313. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR EXCISE
TAX ON EXCESS CONTRIBUTIONS AND CERTAIN ACCUMULATIONS.
(a) In General.--Section 6501(l) is amended by adding at the end
the following new paragraph:
``(4) Individual retirement plans.--
``(A) In general.--For purposes of any tax imposed
by section 4973 or 4974 in connection with an
individual retirement plan, the return referred to in
this section shall include the income tax return filed
by the person on whom the tax under such section is
imposed for the year in which the act (or failure to
act) giving rise to the liability for such tax
occurred.
``(B) Rule in case of individuals not required to
file return.--In the case of a person who is not
required to file an income tax return for such year--
``(i) the return referred to in this
section shall be the income tax return that
such person would have been required to file
but for the fact that such person was not
required to file such return, and
``(ii) the 3-year period referred to in
subsection (a) with respect to the return shall
be deemed to begin on the date by which the
return would have been required to be filed
(excluding any extension thereof).
``(C) Period for assessment in case of income tax
return.--In any case in which the return with respect
to a tax imposed by section 4973 is the individual's
income tax return for purposes of this section,
subsection (a) shall be applied by substituting a 6-
year period in lieu of the 3-year period otherwise
referred to in such subsection.
``(D) Exception for certain acquisitions of
property.--In the case of any tax imposed by section
4973 that is attributable to acquiring property for
less than fair market value, subparagraph (A) shall not
apply.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 314. PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR INDIVIDUAL
IN CASE OF DOMESTIC ABUSE.
(a) In General.--Paragraph (2) of section 72(t), as amended by this
Act, is further amended by adding at the end the following new
subparagraph:
``(K) Distribution from retirement plan in case of
domestic abuse.--
``(i) In general.--Any eligible
distribution to a domestic abuse victim.
``(ii) Limitation.--The aggregate amount
which may be treated as an eligible
distribution to a domestic abuse victim by any
individual shall not exceed an amount equal to
the lesser of--
``(I) $10,000, or
``(II) 50 percent of the present
value of the nonforfeitable accrued
benefit of the employee under the plan.
``(iii) Eligible distribution to a domestic
abuse victim.--For purposes of this
subparagraph--
``(I) In general.--A distribution
shall be treated as an eligible
distribution to a domestic abuse victim
if such distribution is from an
applicable eligible retirement plan and
is made to an individual during the 1-
year period beginning on any date on
which the individual is a victim of
domestic abuse by a spouse or domestic
partner.
``(II) Domestic abuse.--The term
`domestic abuse' means physical,
psychological, sexual, emotional, or
economic abuse, including efforts to
control, isolate, humiliate, or
intimidate the victim, or to undermine
the victim's ability to reason
independently, including by means of
abuse of the victim's child or another
family member living in the household.
``(iv) Treatment of plan distributions.--If
a distribution to an individual would (without
regard to clause (ii)) be an eligible
distribution to a domestic abuse victim, a plan
shall not be treated as failing to meet any
requirement of this title merely because the
plan treats the distribution as an eligible
distribution to a domestic abuse victim, unless
the aggregate amount of such distributions from
all plans maintained by the employer (and any
member of any controlled group which includes
the employer, determined as provided in
subparagraph (H)(iv)(II)) to such individual
exceeds the limitation under clause (ii).
``(v) Amount distributed may be repaid.--
Rules similar to the rules of subparagraph
(H)(v) shall apply with respect to an
individual who receives a distribution to which
clause (i) applies.
``(vi) Definition and special rules.--For
purposes of this subparagraph:
``(I) Applicable eligible
retirement plan.--The term `applicable
eligible retirement plan' means an
eligible retirement plan (as defined in
section 402(c)(8)(B)) other than a
defined benefit plan or a plan to which
sections 401(a)(11) and 417 apply.
``(II) Exemption of distributions
from trustee to trustee transfer and
withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405,
an eligible distribution to a domestic
abuse victim shall not be treated as an
eligible rollover distribution.
``(III) Distributions treated as
meeting plan distribution requirements;
self-certification.--Any distribution
which the employee or participant
certifies as being an eligible
distribution to a domestic abuse victim
shall be treated as meeting the
requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i),
403(b)(11), and 457(d)(1)(A).
``(vii) Inflation adjustment.--In the case
of a taxable year beginning in a calendar year
after 2024, the $10,000 amount in clause
(ii)(I) shall be increased by an amount equal
to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2023' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount after adjustment under the
preceding sentence is not a multiple of $100,
such amount shall be rounded to the nearest
multiple of $100.''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.
(a) In General.--Section 414 is amended--
(1) in subsection (b)--
(A) by striking ``For purposes of'' and inserting
the following:
``(1) In general.--For purposes of'', and
(B) by adding at the end the following new
paragraphs:
``(2) Special rules for applying family attribution.--For
purposes of applying the attribution rules under section 1563
with respect to paragraph (1), the following rules apply:
``(A) Community property laws shall be disregarded
for purposes of determining ownership.
``(B) Except as provided by the Secretary, stock of
an individual not attributed under section 1563(e)(5)
to such individual's spouse shall not be attributed to
such spouse by reason of the combined application of
paragraphs (1) and (6)(A) of section 1563(e).
``(C) Except as provided by the Secretary, in the
case of stock in different corporations that is
attributed to a child under section 1563(e)(6)(A) from
each parent, and is not attributed to such parents as
spouses under section 1563(e)(5), such attribution to
the child shall not by itself result in such
corporations being members of the same controlled
group.
``(3) Plan shall not fail to be treated as satisfying this
section.--If application of paragraph (2) causes 2 or more
entities to be a controlled group or to no longer be in a
controlled group, such change shall be treated as a transaction
to which section 410(b)(6)(C) applies.'', and
(2) in subsection (m)(6)(B)--
(A) by striking ``Ownership.--In determining'' and
inserting the following: ``Ownership.--
``(i) In general.--In determining'',
(B) by adding at the end the following new clauses:
``(ii) Special rules for applying family
attribution.--For purposes of applying the
attribution rules under section 318 with
respect to clause (i), the following rules
apply:
``(I) Community property laws shall
be disregarded for purposes of
determining ownership.
``(II) Except as provided by the
Secretary, stock of an individual not
attributed under section
318(a)(1)(A)(i) to such individual's
spouse shall not be attributed by
reason of the combined application of
paragraphs (1)(A)(ii) and (4) of
section 318(a) to such spouse from a
child who has not attained the age of
21 years.
``(III) Except as provided by the
Secretary, in the case of stock in
different organizations which is
attributed under section
318(a)(1)(A)(ii) from each parent to a
child who has not attained the age of
21 years, and is not attributed to such
parents as spouses under section
318(a)(1)(A)(i), such attribution to
the child shall not by itself result in
such organizations being members of the
same affiliated service group.
``(iii) Plan shall not fail to be treated
as satisfying this section.--If the application
of clause (ii) causes two or more entities to
be an affiliated service group, or to no longer
be in an affiliated service group, such change
shall be treated as a transaction to which
section 410(b)(6)(C) applies.'', and
(C) by striking ``apply'' in clause (i), as so
added, and inserting ``apply, except that community
property laws shall be disregarded for purposes of
determining ownership''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 316. AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN FOR
PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER TAX RETURN DUE
DATE.
(a) In General.--Section 401(b) is amended by adding at the end the
following new paragraph:
``(3) Retroactive plan amendments that increase benefit
accruals.--If--
``(A) an employer amends a stock bonus, pension,
profit-sharing, or annuity plan to increase benefits
accrued under the plan effective as of any date during
the immediately preceding plan year (other than
increasing the amount of matching contributions (as
defined in subsection (m)(4)(A))),
``(B) such amendment would not otherwise cause the
plan to fail to meet any of the requirements of this
subchapter, and
``(C) such amendment is adopted before the time
prescribed by law for filing the return of the employer
for the taxable year (including extensions thereof)
which includes the date described in subparagraph (A),
the employer may elect to treat such amendment as having been
adopted as of the last day of the plan year in which the
amendment is effective.''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 317. RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE
PROPRIETORS.
(a) In General.--Section 401(b)(2) is amended by adding at the end
the following: ``In the case of an individual who owns the entire
interest in an unincorporated trade or business, and who is the only
employee of such trade or business, any elective deferrals (as defined
in section 402(g)(3)) under a qualified cash or deferred arrangement to
which the preceding sentence applies, which are made by such individual
before the time for filing the return of such individual for the
taxable year (determined without regard to any extensions) ending after
or with the end of the plan's first plan year, shall be treated as
having been made before the end of such first plan year.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after the date of the enactment of this Act.
SEC. 318. PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION FUNDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Labor shall promulgate regulations under
section 404 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1104) providing that, in the case of a designated investment
alternative that contains a mix of asset classes, the administrator of
a plan may, but is not required to, use a benchmark that is a blend of
different broad-based securities market indices if--
(1) the blend is reasonably representative of the asset
class holdings of the designated investment alternative;
(2) for purposes of determining the blend's returns for 1-,
5-, and 10-calendar-year periods (or for the life of the
alternative, if shorter), the blend is modified at least once
per year if needed to reflect changes in the asset class
holdings of the designated investment alternative;
(3) the blend is furnished to participants and
beneficiaries in a manner that is reasonably calculated to be
understood by the average plan participant; and
(4) each securities market index that is used for an
associated asset class would separately satisfy the
requirements of such regulation for such asset class.
(b) Study.--Not later than 3 years after the applicability date of
regulations issued under this section, the Secretary of Labor shall
deliver a report to the Committees on Finance and Health, Education,
Labor, and Pensions of the Senate and the Committees on Ways and Means
and Education and Labor of the House of Representatives regarding the
utilization, and participants' understanding, of the benchmarking
requirements under this section.
SEC. 319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND
DISCLOSURE REQUIREMENTS.
(a) Study.--As soon as practicable after the date of enactment of
this Act, the Secretary of Labor, the Secretary of the Treasury, and
the Director of the Pension Benefit Guaranty Corporation shall review
the reporting and disclosure requirements as applicable to each such
agency head, of--
(1) the Employee Retirement Income Security Act of 1974
applicable to pension plans (as defined in section 3(2) of such
Act (29 U.S.C. 1002(2)) covered by title I of such Act; and
(2) the Internal Revenue Code of 1986 applicable to
qualified retirement plans (as defined in section 4974(c) of
such Code, without regard to paragraphs (4) and (5) of such
section).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Labor, the Secretary of
the Treasury, and the Director of the Pension Benefit Guaranty
Corporation, jointly, and after consultation with a balanced
group of participant and employer representatives, shall with
respect to plans referenced in subsection (a) report on the
effectiveness of the applicable reporting and disclosure
requirements and make such recommendations as may be
appropriate to the Committee on Education and Labor and the
Committee on Ways and Means of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions and the
Committee on Finance of the Senate to consolidate, simplify,
standardize, and improve such requirements so as to simplify
reporting for, and disclosure from, such plans and ensure that
plans can furnish and participants and beneficiaries timely
receive and better understand the information they need to
monitor their plans, plan for retirement, and obtain the
benefits they have earned.
(2) Analysis of effectiveness.--To assess the effectiveness
of the applicable reporting and disclosure requirements, the
report shall include an analysis of how participants and
beneficiaries are providing preferred contact information, the
methods by which plan sponsors and plans are furnishing
disclosures, and the rate at which participants and
beneficiaries are receiving, accessing, understanding, and
retaining disclosures.
(3) Collection of information.--The agencies shall conduct
appropriate surveys and data collection to obtain any needed
information.
SEC. 320. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO
UNENROLLED PARTICIPANTS.
(a) Amendment of ERISA.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021
et seq.) is amended by redesignating section 111 as section 112
and by inserting after section 110 the following new section:
``SEC. 111. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO
UNENROLLED PARTICIPANTS.
``(a) In General.--Notwithstanding any other provision of this
title, with respect to any individual account plan, no disclosure,
notice, or other plan document (other than the notices and documents
described in paragraphs (1) and (2)) shall be required to be furnished
under this title to any unenrolled participant if the unenrolled
participant is furnished--
``(1) an annual reminder notice of such participant's
eligibility to participate in such plan and any applicable
election deadlines under the plan; and
``(2) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
section.
``(b) Unenrolled Participant.--For purposes of this section, the
term `unenrolled participant' means an employee who--
``(1) is eligible to participate in an individual account
plan;
``(2) has been furnished--
``(A) the summary plan description pursuant to
section 104(b), and
``(B) any other notices related to eligibility
under the plan required to be furnished under this
title, or the Internal Revenue Code of 1986, in
connection with such participant's initial eligibility
to participate in such plan;
``(3) is not participating in such plan; and
``(4) satisfies such other criteria as the Secretary of
Labor may determine appropriate, as prescribed in guidance
issued in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the
plan following any period for which such employee was not eligible to
participate shall be treated as initial eligibility.
``(c) Annual Reminder Notice.--For purposes of this section, the
term `annual reminder notice' means a notice provided in accordance
with section 2520.104b-1 of title 29, Code of Federal Regulations (or
any successor regulation), which--
``(1) is furnished in connection with the annual open
season election period with respect to the plan or, if there is
no such period, is furnished within a reasonable period prior
to the beginning of each plan year;
``(2) notifies the unenrolled participant of--
``(A) the unenrolled participant's eligibility to
participate in the plan; and
``(B) the key benefits and rights under the plan,
with a focus on employer contributions and vesting
provisions; and
``(3) provides such information in a prominent manner
calculated to be understood by the average participant.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 is
amended by striking the item relating to section 111 and by
inserting after the item relating to section 110 the following
new items:
``Sec. 111. Eliminating unnecessary plan requirements related to
unenrolled participants.
``Sec. 112. Repeal and effective date.''.
(b) Amendment of Internal Revenue Code of 1986.--Section 414, as
amended by the preceding provisions of this Act, is amended by adding
at the end the following new subsection:
``(bb) Eliminating Unnecessary Plan Requirements Related to
Unenrolled Participants.--
``(1) In general.--Notwithstanding any other provision of
this title, with respect to any defined contribution plan, no
disclosure, notice, or other plan document (other than the
notices and documents described in subparagraphs (A) and (B))
shall be required to be furnished under this title to any
unenrolled participant if the unenrolled participant is
furnished--
``(A) an annual reminder notice of such
participant's eligibility to participate in such plan
and any applicable election deadlines under the plan,
and
``(B) any document requested by such participant
that the participant would be entitled to receive
notwithstanding this subsection.
``(2) Unenrolled participant.--For purposes of this
subsection, the term `unenrolled participant' means an employee
who--
``(A) is eligible to participate in a defined
contribution plan,
``(B) has been furnished--
``(i) the summary plan description pursuant
to section 104(b) of the Employee Retirement
Income Security Act of 1974, and
``(ii) any other notices related to
eligibility under the plan and required to be
furnished under this title, or the Employee
Retirement Income Security Act of 1974, in
connection with such participant's initial
eligibility to participate in such plan,
``(C) is not participating in such plan, and
``(D) satisfies such other criteria as the
Secretary of the Treasury may determine appropriate, as
prescribed in guidance issued in consultation with the
Secretary of Labor.
For purposes of this subsection, any eligibility to participate
in the plan following any period for which such employee was
not eligible to participate shall be treated as initial
eligibility.
``(3) Annual reminder notice.--For purposes of this
subsection, the term `annual reminder notice' means the notice
described in section 111(c) of the Employee Retirement Income
Security Act of 1974.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BULLETIN.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall--
(1) review section 2509.95-1 of title 29, Code of Federal
Regulations (relating to the fiduciary standards under the
Employee Retirement Income Security Act of 1974 when selecting
an annuity provider for a defined benefit pension plan) and
consult with the Advisory Council on Employee Welfare and
Pension Benefit Plans (established under section 512 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1142)), to determine whether amendments to section 2509.95-1 of
title 29, Code of Federal Regulations are warranted; and
(2) report to Congress on the findings of such review and
consultation, including an assessment of any risk to
participants.
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED TRANSACTION.
(a) In General.--Section 408(e)(2)(A) is amended by striking
``and'' at the end of clause (i), by striking the period at the end of
clause (ii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iii) each individual retirement plan of
the individual shall be treated as a separate
contract.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment under
the Internal Revenue Code of 1986 of individual retirement
plans as 1 contract in the case of any other provision of such
Code to which the amendments made by this section do not apply.
SEC. 323. CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAYMENT RULE.
(a) In General.--Paragraph (4) of section 72(t) is amended by
inserting at the end the following new subparagraph:
``(C) Rollovers to subsequent plan.--If--
``(i) payments described in paragraph
(2)(A)(iv) are being made from a qualified
retirement plan,
``(ii) a transfer or a rollover from such
qualified retirement plan of all or a portion
of the taxpayer's benefit under the plan is
made to another qualified retirement plan, and
``(iii) distributions from the transferor
and transferee plans would in combination
continue to satisfy the requirements of
paragraph (2)(A)(iv) if they had been made only
from the transferor plan,
such transfer or rollover shall not be treated as a
modification under subparagraph (A)(ii), and compliance
with paragraph (2)(A)(iv) shall be determined on the
basis of the combined distributions described in clause
(iii).''.
(b) Nonqualified Annuity Contracts.--Paragraph (3) of section 72(q)
is amended--
(1) by redesignating clauses (i) and (ii) of subparagraph
(B) as subclauses (I) and (II), and by moving such subclauses 2
ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), by moving such clauses 2 ems to the right, and by
adjusting the flush language at the end accordingly;
(3) by striking ``payments.--If'' and inserting
``payments.--
``(A) In general.--If--''; and
(4) by adding at the end the following new subparagraph:
``(B) Exchanges to subsequent contracts.--If--
``(i) payments described in paragraph
(2)(D) are being made from an annuity contract,
``(ii) an exchange of all or a portion of
such contract for another contract is made
under section 1035, and
``(iii) the aggregate distributions from
the contracts involved in the exchange continue
to satisfy the requirements of paragraph (2)(D)
as if the exchange had not taken place,
such exchange shall not be treated as a modification
under subparagraph (A)(ii), and compliance with
paragraph (2)(D) shall be determined on the basis of
the combined distributions described in clause
(iii).''.
(c) Information Reporting.--Section 6724 is amended by inserting at
the end the following new subsection:
``(g) Special Rule for Reporting Certain Additional Taxes.--No
penalty shall be imposed under section 6721 or 6722 if--
``(1) a person makes a return or report under section
6047(d) or 408(i) with respect to any distribution,
``(2) such distribution is made following a rollover,
transfer, or exchange described in section 72(t)(4)(C) or
section 72(q)(3)(C),
``(3) in making such return or report the person relies
upon a certification provided by the taxpayer that the
distributions satisfy the requirements of section
72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as applicable,
and
``(4) such person does not have actual knowledge that the
distributions do not satisfy such requirements.''.
(d) Safe Harbor for Annuity Payments.--
(1) Qualified retirement plans.--Subparagraph (A) of
section 72(t)(2) is amended by adding at the end the following
flush sentence:
``For purposes of clause (iv), periodic payments shall
not fail to be treated as substantially equal merely
because they are amounts received as an annuity, and
such periodic payments shall be deemed to be
substantially equal if they are payable over a period
described in clause (iv) and satisfy the requirements
applicable to annuity payments under section
401(a)(9).''.
(2) Other annuity contracts.--Paragraph (2) of section
72(q) is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (D), periodic payments shall not
fail to be treated as substantially equal merely because they
are amounts received as an annuity, and such periodic payments
shall be deemed to be substantially equal if they are payable
over a period described in subparagraph (D) and would satisfy
the requirements applicable to annuity payments under section
401(a)(9) if such requirements applied.''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to transfers, rollovers, and exchanges
occurring after December 31, 2023.
(2) Annuity payments.--The amendment made by subsection (d)
shall apply to distributions commencing on or after the date of
the enactment of this Act.
(3) No inference.--Nothing in the amendments made by this
section shall be construed to create an inference with respect
to the law in effect prior to the effective date of such
amendments.
SEC. 324. TREASURY GUIDANCE ON ROLLOVERS.
(a) In General.--Not later than January 1, 2025, the Secretary of
the Treasury or the Secretary's delegate shall, to simplify,
standardize, facilitate, and expedite the completion of rollovers to
eligible retirement plans (as defined in section 402(c)(8)(B) of the
Internal Revenue Code of 1986) and trustee-to-trustee transfers from
individual retirement plans (as defined in section 7701(a)(37) of such
Code), develop and issue--
(1) guidance in the form of sample forms (including
relevant procedures and protocols) for rollovers of eligible
rollover distributions from a retirement to an eligible
retirement plan which--
(A) are written in a manner calculated to be
understood by the average person, and
(B) can be used by both distributing eligible
retirement plans and receiving retirement plans, and
(2) guidance in the form of sample forms (including
relevant procedures and protocols) for trustee-to-trustee
transfers of amounts from an individual retirement plan to
another individual retirement plan which--
(A) are written in a manner calculated to be
understood by the average person, and
(B) can be used by both transferring individual
retirement plans and individual retirement plans
receiving the transfer.
(b) Other Requirements.--In developing the sample forms under
subsection (a), the Secretary (or Secretary's delegate) shall obtain
relevant information from participants and plan sponsor representatives
and consider potential coordination with sections 319 and 336 of this
Act.
SEC. 325. ROTH PLAN DISTRIBUTION RULES.
(a) In General.--Subsection (d) of section 402A is amended by
adding at the end the following new paragraph:
``(5) Mandatory distribution rules not to apply before
death.--Notwithstanding sections 403(b)(10) and 457(d)(2), the
following provisions shall not apply to any designated Roth
account:
``(A) Section 401(a)(9)(A).
``(B) The incidental death benefit requirements of
section 401(a).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to taxable years
beginning after December 31, 2023.
(2) Special rule.--The amendment made by this section shall
not apply to distributions which are required with respect to
years beginning before January 1, 2024, but are permitted to be
paid on or after such date.
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM QUALIFIED
PLANS FOR INDIVIDUALS WITH A TERMINAL ILLNESS.
(a) In General.--Section 72(t)(2), as amended by this Act, is
further amended by adding at the end the following new subparagraph:
``(L) Terminal illness.--
``(i) In general.--Distributions which are
made to the employee who is a terminally ill
individual on or after the date on which such
employee has been certified by a physician as
having a terminal illness.
``(ii) Definition.--For purposes of this
subparagraph, the term `terminally ill
individual' has the same meaning given such
term under section 101(g)(4)(A), except that
`84 months' shall be substituted for `24
months'.
``(iii) Documentation.--For purposes of
this subparagraph, an employee shall not be
considered to be a terminally ill individual
unless such employee furnishes sufficient
evidence to the plan administrator in such form
and manner as the Secretary may require.
``(iv) Amount distributed may be repaid.--
Rules similar to the rules of subparagraph
(H)(v) shall apply with respect to an
individual who receives a distribution to which
clause (i) applies.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 327. SURVIVING SPOUSE ELECTION TO BE TREATED AS EMPLOYEE.
(a) In General.--Section 401(a)(9)(B)(iv), as amended by this Act,
is further amended to read as follows:
``(iv) Special rule for surviving spouse of
employee.--If the designated beneficiary
referred to in clause (iii)(I) is the surviving
spouse of the employee and the surviving spouse
elects the treatment in this clause--
``(I) the regulations referred to
in clause (iii)(II) shall treat the
surviving spouse as if the surviving
spouse were the employee,
``(II) the date on which the
distributions are required to begin
under clause (iii)(III) shall not be
earlier than the date on which the
employee would have attained the
applicable age, and
``(III) if the surviving spouse
dies before the distributions to such
spouse begin, this subparagraph shall
be applied as if the surviving spouse
is the employee.
An election described in this clause shall be
made at such time and in such manner as
prescribed by the Secretary, shall include a
timely notice to the plan administrator, and
once made may not be revoked except with the
consent of the Secretary.''.
(b) Extension of Election of at Least as Rapidly Rule.--The
Secretary shall amend Q&A-5(a) of Treasury Regulation section
1.401(a)(9)-5 (or any successor regulation thereto) to provide that if
the surviving spouse is the employee's sole designated beneficiary and
the spouse elects treatment under section 401(a)(9)(B)(iv), then the
applicable distribution period for distribution calendar years after
the distribution calendar year including the employee's date of death
is determined under the uniform lifetime table.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2023.
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM GROSS
INCOME OF DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR
HEALTH AND LONG-TERM CARE INSURANCE.
(a) In General.--Section 402(l)(5)(A) is amended to read as
follows:
``(A) Direct payment to insurer permitted.--
``(i) In general.--Paragraph (1) shall
apply to a distribution without regard to
whether payment of the premiums is made
directly to the provider of the accident or
health plan or qualified long-term care
insurance contract by deduction from a
distribution from the eligible retirement plan,
or is made to the employee.
``(ii) Reporting.--In the case of a payment
made to the employee as described in clause
(i), the employee shall include with the return
of tax for the taxable year in which the
distribution is made an attestation that the
distribution does not exceed the amount paid by
the employee for qualified health insurance
premiums for such taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 329. MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM EARLY
WITHDRAWAL PENALTY.
(a) In General.--Subparagraph (A) of section 72(t)(10), as amended
by this Act, is further amended by striking ``age 50'' and inserting
``age 50 or 25 years of service under the plan, whichever is earlier''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN STATE AND
LOCAL GOVERNMENT CORRECTIONS EMPLOYEES.
(a) In General.--Clause (i) of section 72(t)(10)(B) is amended by
striking ``or emergency medical services'' and inserting ``emergency
medical services, or services as a corrections officer or as a forensic
security employee providing for the care, custody, and control of
forensic patients''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN CONNECTION WITH
QUALIFIED FEDERALLY DECLARED DISASTERS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Paragraph (2) of section 72(t), as amended
by this Act, is further amended by adding at the end the
following new subparagraph:
``(M) Distributions from retirement plans in
connection with federally declared disasters.--Any
qualified disaster recovery distribution.''.
(2) Qualified disaster recovery distribution.--Section
72(t) is amended by adding at the end the following new
paragraph:
``(11) Qualified disaster recovery distribution.--For
purposes of paragraph (2)(M)--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified disaster recovery
distribution' means any distribution made--
``(i) on or after the first day of the
incident period of a qualified disaster and
before the date that is 180 days after the
applicable date with respect to such disaster,
and
``(ii) to an individual whose principal
place of abode at any time during the incident
period of such qualified disaster is located in
the qualified disaster area with respect to
such qualified disaster and who has sustained
an economic loss by reason of such qualified
disaster.
``(B) Aggregate dollar limitation.--
``(i) In general.--For purposes of this
subsection, the aggregate amount of
distributions received by an individual which
may be treated as qualified disaster recovery
distributions with respect to any qualified
disaster in all taxable years shall not exceed
$22,000.
``(ii) Treatment of plan distributions.--If
a distribution to an individual would (without
regard to clause (i)) be a qualified disaster
recovery distribution, a plan shall not be
treated as violating any requirement of this
title merely because the plan treats such
distribution as a qualified disaster recovery
distribution, unless the aggregate amount of
such distributions from all plans maintained by
the employer (and any member of any controlled
group which includes the employer) to such
individual exceeds $22,000 with respect to the
same qualified disaster.
``(iii) Controlled group.--For purposes of
clause (ii), the term `controlled group' means
any group treated as a single employer under
subsection (b), (c), (m), or (o) of section
414.
``(C) Amount distributed may be repaid.--
``(i) In general.--Any individual who
receives a qualified disaster recovery
distribution may, at any time during the 3-year
period beginning on the day after the date on
which such distribution was received, make one
or more contributions in an aggregate amount
not to exceed the amount of such distribution
to an eligible retirement plan of which such
individual is a beneficiary and to which a
rollover contribution of such distribution
could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), as the
case may be.
``(ii) Treatment of repayments of
distributions from eligible retirement plans
other than iras.--For purposes of this title,
if a contribution is made pursuant to clause
(i) with respect to a qualified disaster
recovery distribution from a plan other than an
individual retirement plan, then the taxpayer
shall, to the extent of the amount of the
contribution, be treated as having received the
qualified disaster recovery distribution in an
eligible rollover distribution (as defined in
section 402(c)(4)) and as having transferred
the amount to the eligible retirement plan in a
direct trustee to trustee transfer within 60
days of the distribution.
``(iii) Treatment of repayments for
distributions from iras.--For purposes of this
title, if a contribution is made pursuant to
clause (i) with respect to a qualified disaster
recovery distribution from an individual
retirement plan, then, to the extent of the
amount of the contribution, the qualified
disaster recovery distribution shall be treated
as a distribution described in section
408(d)(3) and as having been transferred to the
eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the
distribution.
``(D) Income inclusion spread over 3-year period.--
``(i) In general.--In the case of any
qualified disaster recovery distribution,
unless the taxpayer elects not to have this
subparagraph apply for any taxable year, any
amount required to be included in gross income
for such taxable year shall be so included
ratably over the 3-taxable year period
beginning with such taxable year.
``(ii) Special rule.--For purposes of
clause (i), rules similar to the rules of
subparagraph (E) of section 408A(d)(3) shall
apply.
``(E) Qualified disaster.--For purposes of this
paragraph and paragraph (8), the term `qualified
disaster' means any disaster with respect to which a
major disaster has been declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act after December 27, 2020.
``(F) Other definitions.--For purposes of this
paragraph and paragraph (8)--
``(i) Qualified disaster area.--
``(I) In general.--The term
`qualified disaster area' means, with
respect to any qualified disaster, the
area with respect to which the major
disaster was declared under the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act.
``(II) Exceptions.--Such term shall
not include any area which is a
qualified disaster area solely by
reason of section 301 of the Taxpayer
Certainty and Disaster Tax Relief Act
of 2020.
``(ii) Incident period.--The term `incident
period' means, with respect to any qualified
disaster, the period specified by the Federal
Emergency Management Agency as the period
during which such disaster occurred.
``(iii) Applicable date.--The term
`applicable date' means the latest of--
``(I) the date of the enactment of
this paragraph,
``(II) the first day of the
incident period with respect to the
qualified disaster, or
``(III) the date of the disaster
declaration with respect to the
qualified disaster.
``(iv) Eligible retirement plan.--The term
`eligible retirement plan' shall have the
meaning given such term by section
402(c)(8)(B).
``(G) Special rules.--
``(i) Exemption of distributions from
trustee to trustee transfer and withholding
rules.--For purposes of sections 401(a)(31),
402(f), and 3405, qualified disaster recovery
distributions shall not be treated as eligible
rollover distributions.
``(ii) Qualified disaster recovery
distributions treated as meeting plan
distribution requirements.--For purposes of
this title--
``(I) a qualified disaster recovery
distribution shall be treated as
meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i),
403(b)(11), and 457(d)(1)(A), and
``(II) in the case of a money
purchase pension plan, a qualified
disaster recovery distribution which is
an in-service withdrawal shall be
treated as meeting the requirements of
section 401(a) applicable to
distributions.''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions with respect to disasters the
incident period (as defined in section 72(t)(11)(F)(ii) of the
Internal Revenue Code of 1986, as added by this subsection) for
which begins on or after the date which is 30 days after the
date of the enactment of the Taxpayer Certainty and Disaster
Tax Relief Act of 2020.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Individual retirement plans.--Paragraph (8) of section
72(t) is amended by adding at the end the following new
subparagraph:
``(F) Recontributions.--
``(i) General rule.--
``(I) In general.--Any individual
who received a qualified distribution
may, during the applicable period, make
one or more contributions in an
aggregate amount not to exceed the
amount of such qualified distribution
to an eligible retirement plan (as
defined in section 402(c)(8)(B)) of
which such individual is a beneficiary
and to which a rollover contribution of
such distribution could be made under
section 402(c), 403(a)(4), 403(b)(8),
or 408(d)(3), as the case may be.
``(II) Treatment of repayments.--
Rules similar to the rules of clauses
(ii) and (iii) of paragraph (11)(C)
shall apply for purposes of this
subsection.
``(ii) Qualified distribution.--For
purposes of this subparagraph, the term
`qualified distribution' means any
distribution--
``(I) which is a qualified first-
time homebuyer distribution,
``(II) which was to be used to
purchase or construct a principal
residence in a qualified disaster area,
but which was not so used on account of
the qualified disaster with respect to
such area, and
``(III) which was received during
the period beginning on the date which
is 180 days before the first day of the
incident period of such qualified
disaster and ending on the date which
is 30 days after the last day of such
incident period.
``(iii) Applicable period.--For purposes of
this subparagraph, the term `applicable period'
means, in the case of a principal residence in
a qualified disaster area with respect to any
qualified disaster, the period beginning on the
first day of the incident period of such
qualified disaster and ending on the date which
is 180 days after the applicable date with
respect to such disaster.''.
(2) Qualified plans.--Subsection (c) of section 402, as
amended by this Act, is further amended by adding at the end
the following new paragraph:
``(13) Recontributions of withdrawals for home purchases.--
``(A) General rule.--
``(i) In general.--Any individual who
received a qualified distribution may, during
the applicable period, make one or more
contributions in an aggregate amount not to
exceed the amount of such qualified
distribution to an eligible retirement plan (as
defined in paragraph (8)(B)) of which such
individual is a beneficiary and to which a
rollover contribution of such distribution
could be made under subsection (c) or section
403(a)(4), 403(b)(8), or 408(d)(3), as the case
may be.
``(ii) Treatment of repayments.--Rules
similar to the rules of clauses (ii) and (iii)
of section 72(t)(11)(C) shall apply for
purposes of this subsection.
``(B) Qualified distribution.--For purposes of this
paragraph, the term `qualified distribution' means any
distribution--
``(i) described in section
401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or
403(b)(11)(B),
``(ii) which was to be used to purchase or
construct a principal residence in a qualified
disaster area, but which was not so used on
account of the qualified disaster with respect
to such area, and
``(iii) which was received during the
period beginning on the date which is 180 days
before the first day of the incident period of
such qualified disaster and ending on the date
which is 30 days after the last day of such
incident period.
``(C) Definitions.--For purposes of this
paragraph--
``(i) the terms `qualified disaster',
`qualified disaster area', and `incident
period' have the meaning given such terms under
section 72(t)(11), and
``(ii) the term `applicable period' has the
meaning given such term under section
72(t)(8)(F).''.
(3) Effective date.--The amendments made by this subsection
shall apply to recontributions of withdrawals for home
purchases with respect to disasters the incident period (as
defined in section 72(t)(11)(F)(ii) of the Internal Revenue
Code of 1986, as added by this subsection) for which begins on
or after the date which is 30 days after the date of the
enactment of the Taxpayer Certainty and Disaster Tax Relief Act
of 2020.
(c) Loans From Qualified Plans.--
(1) In general.--Subsection (p) of section 72 is amended by
adding at the end the following new paragraph:
``(6) Increase in limit on loans not treated as
distributions.--
``(A) In general.--In the case of any loan from a
qualified employer plan to a qualified individual made
during the applicable period--
``(i) clause (i) of paragraph (2)(A) shall
be applied by substituting `$100,000' for
`$50,000', and
``(ii) clause (ii) of such paragraph shall
be applied by substituting `the present value
of the nonforfeitable accrued benefit of the
employee under the plan' for `one-half of the
present value of the nonforfeitable accrued
benefit of the employee under the plan'.
``(B) Delay of repayment.--In the case of a
qualified individual with respect to any qualified
disaster with an outstanding loan from a qualified
employer plan on or after the applicable date with
respect to the qualified disaster--
``(i) if the due date pursuant to
subparagraph (B) or (C) of paragraph (2) for
any repayment with respect to such loan occurs
during the period beginning on the first day of
the incident period of such qualified disaster
and ending on the date which is 180 days after
the last day of such incident period, such due
date may be delayed for 1 year,
``(ii) any subsequent repayments with
respect to any such loan may be appropriately
adjusted to reflect the delay in the due date
under clause (i) and any interest accruing
during such delay, and
``(iii) in determining the 5-year period
and the term of a loan under subparagraph (B)
or (C) of paragraph (2), the period described
in clause (i) may be disregarded.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Qualified individual.--The term
`qualified individual' means any individual--
``(I) whose principal place of
abode at any time during the incident
period of any qualified disaster is
located in the qualified disaster area
with respect to such qualified
disaster, and
``(II) who has sustained an
economic loss by reason of such
qualified disaster.
``(ii) Applicable period.--The applicable
period with respect to any disaster is the
period--
``(I) beginning on the applicable
date with respect to such disaster, and
``(II) ending on the date that is
180 days after such applicable date.
``(iii) Other terms.--For purposes of this
paragraph--
``(I) the terms `applicable date',
`qualified disaster', `qualified
disaster area', and `incident period'
have the meaning given such terms under
subsection (t)(11), and
``(II) the term `applicable period'
has the meaning given such term under
subsection (t)(8).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan loans made with respect to disasters the
incident period (as defined in section 72(t)(11)(F)(ii) of the
Internal Revenue Code of 1986, as added by this subsection) for
which begins on or after the date which is 30 days after the
date of the enactment of the Taxpayer Certainty and Disaster
Tax Relief Act of 2020.
(d) GAO Report.--The Comptroller General of the United States shall
submit a report to the Committees on Finance and Health, Education,
Labor and Pensions of the Senate and the Committees on Ways and Means
and Education and Labor of the House of Representatives on taxpayer
utilization of the retirement disaster relief permitted by the
amendments made by this section and or permitted by prior legislation,
including a comparison of utilization by higher and lower income
taxpayers and whether the $22,000 threshold on distributions provides
adequate relief for taxpayers who suffer from a disaster.
SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS WITH
SAFE HARBOR 401(K) PLANS DURING A YEAR.
(a) In General.--Section 408(p) is amended by adding at the end the
following new paragraph:
``(11) Replacement of simple retirement accounts with safe
harbor plans during plan year.--
``(A) In general.--Subject to the requirements of
this paragraph, an employer may elect (in such form and
manner as the Secretary may prescribe) at any time
during a year to terminate the qualified salary
reduction arrangement under paragraph (2), but only if
the employer establishes and maintains (as of the day
after the termination date) a safe harbor plan to
replace the terminated arrangement.
``(B) Combined limits on contributions.--The
terminated arrangement and safe harbor plan shall both
be treated as violating the requirements of paragraph
(2)(A)(ii) or section 401(a)(30) (whichever is
applicable) if the aggregate elective contributions of
the employee under the terminated arrangement during
its last plan year and under the safe harbor plan
during its transition year exceed the sum of--
``(i) the applicable dollar amount for such
arrangement (determined on a full-year basis)
under this subsection (after the application of
section 414(v)) with respect to the employee
for such last plan year multiplied by a
fraction equal to the number of days in such
plan year divided by 365, and
``(ii) the applicable dollar amount (as so
determined) under section 402(g)(1) for such
safe harbor plan on such elective contributions
during the transition year multiplied by a
fraction equal to the number of days in such
transition year divided by 365.
``(C) Transition year.--For purposes of this
paragraph, the transition year is the period beginning
after the termination date and ending on the last day
of the calendar year during which the termination
occurs.
``(D) Safe harbor plan.--For purposes of this
paragraph, the term `safe harbor plan' means a
qualified cash or deferred arrangement which meets the
requirements of paragraph (11), (12), (13), or (16) of
section 401(k).''.
(b) Waiver of 2-year Withdrawal Limitation in Case of Plans
Converting to 401(k) or 403(b).--
(1) In general.--Paragraph (6) of section 72(t) is
amended--
(A) by striking ``accounts.--In the case of'' and
inserting ``accounts.--
``(A) In general.--In the case of'', and
(B) by adding at the end the following new
subparagraph:
``(B) Waiver in case of plan conversion to 401(k)
or 403(b).--In the case of an employee of an employer
which terminates the qualified salary reduction
arrangement of the employer under section 408(p) and
establishes a qualified cash or deferred arrangement
described in section 401(k) or purchases annuity
contracts described in section 403(b), subparagraph (A)
shall not apply to any amount which is paid in a
rollover contribution described in section 408(d)(3)
into a qualified trust under section 401(k) (but only
if such contribution is subsequently subject to the
rules of section 401(k)(2)(B)) or an annuity contract
described in section 403(b) (but only if such
contribution is subsequently subject to the rules of
section 403(b)(12)) for the benefit of the employee.''.
(2) Conforming amendment.--Subparagraph (G) of section
408(d)(3) is amended by striking ``72(t)(6)'' and inserting
``72(t)(6)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DISTRIBUTIONS OF
EXCESS CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 72(t)(2) is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ``, or''; and
(3) by inserting after clause (viii) the following new
clause:
``(ix) attributable to withdrawal of net
income attributable to a contribution which is
distributed pursuant to section 408(d)(4).''.
(b) Effective Date.--The amendments made by this section shall
apply to any determination of, or affecting, liability for taxes,
interest, or penalties which is made on or after the date of the
enactment of this Act, without regard to whether the act (or failure to
act) upon which the determination is based occurred before such date of
enactment. Notwithstanding the preceding sentence, nothing in the
amendments made by this section shall be construed to create an
inference with respect to the law in effect prior to the effective date
of such amendments.
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN
DISTRIBUTIONS.
(a) In General.--Section 401(a) is amended by inserting after
paragraph (38) the following new paragraph:
``(39) Qualified long-term care distributions.--
``(A) In general.--A trust forming part of a
defined contribution plan shall not be treated as
failing to constitute a qualified trust under this
section solely by reason of allowing qualified long-
term care distributions.
``(B) Qualified long-term care distribution.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
long-term care distribution' means so much of
the distributions made during the taxable year
as does not exceed, in the aggregate, the least
of the following:
``(I) The amount paid by or
assessed to the employee during the
taxable year for or with respect to
certified long-term care insurance for
the employee or the employee's spouse
(or other family member of the employee
as provided by the Secretary by
regulation).
``(II) An amount equal to 10
percent of the present value of the
nonforfeitable accrued benefit of the
employee under the plan.
``(III) $2,500.
``(ii) Adjustment for inflation.--In the
case of taxable years beginning after December
31, 2024, the $2,500 amount in clause (i)(II)
shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2023' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any increase under the preceding sentence is
not a multiple of $100, such amount shall be
rounded to the nearest multiple of $100.
``(C) Certified long-term care insurance.--The term
`certified long-term care insurance' means--
``(i) a qualified long-term care insurance
contract (as defined in section 7702B(b))
covering qualified long-term care services (as
defined in section 7702B(c)),
``(ii) coverage of the risk that an insured
individual would become a chronically ill
individual (within the meaning of section
101(g)(4)(B)) under a rider or other provision
of a life insurance contract which satisfies
the requirements of section 101(g)(3)
(determined without regard to subparagraph (D)
thereof), or
``(iii) coverage of qualified long-term
care services (as so defined) under a rider or
other provision of an insurance or annuity
contract which is treated as a separate
contract under section 7702B(e) and satisfies
the requirements of section 7702B(g),
if such coverage provides meaningful financial
assistance in the event the insured needs home-based or
nursing home care. For purposes of the preceding
sentence, coverage shall not be deemed to provide
meaningful financial assistance unless benefits are
adjusted for inflation and consumer protections are
provided, including protection in the event the
coverage is terminated.
``(D) Distributions must otherwise be includible.--
Rules similar to the rules of section 402(l)(3) shall
apply for purposes of this paragraph.
``(E) Long-term care premium statement.--
``(i) In general.--No distribution shall be
treated as a qualified long-term care
distribution unless a long-term care premium
statement with respect to the employee has been
filed with the plan.
``(ii) Long-term care premium statement.--
For purposes of this paragraph, a long-term
care premium statement is a statement provided
by the issuer of long-term care coverage, upon
request by the owner of such coverage, which
includes--
``(I) the name and taxpayer
identification number of such issuer,
``(II) a statement that the
coverage is certified long-term care
insurance,
``(III) identification of the
employee as the owner of such coverage,
``(IV) identification of the
individual covered and such
individual's relationship to the
employee,
``(V) the premiums owed for the
coverage for the calendar year, and
``(VI) such other information as
the Secretary may require.
``(iii) Filing with secretary.--A long-term
care premium statement will be accepted only if
the issuer has completed a disclosure to the
Secretary for the specific coverage product to
which the statement relates. Such disclosure
shall identify the issuer, type of coverage,
and such other information as the Secretary may
require which is included in the filing of the
product with the applicable State authority.''.
(b) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (V), by adding ``or'' at the end of
subclause (VI), and by adding at the end the following new
subclause:
``(VII) as provided in section
401(a)(39),''.
(2) Section 403(a) is amended by adding at the end the
following new paragraph:
``(6) Qualified long-term care distributions.--An annuity
contract shall not fail to be subject to this subsection solely
by reason of allowing distributions to which section 401(a)(39)
applies.''.
(3) Section 403(b)(7)(A)(i) is amended by striking ``or''
at the end of subclause (V), by striking ``and'' at the end of
subclause (VI) and inserting ``or'' and by adding at the end
the following new subclause:
``(VII) as provided for
distributions to which section
401(a)(39) applies, and''.
(4) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following new subparagraph:
``(E) for distributions to which section 401(a)(39)
applies.''.
(5) Section 457(d)(1)(A) is amended by striking ``or'' at
the end of clause (iii), by striking the comma at the end of
clause (iv) and inserting ``, or'', and by adding at the end
the following new clause:
``(v) as provided in section 401(a)(39),''.
(c) Exemption From Additional Tax on Early Distributions.--Section
72(t)(2), as amended by this Act, is further amended by adding at the
end the following new subparagraph:
``(N) Qualified long-term care distributions.--
``(i) In general.--Any qualified long-term
care distribution to which section 401(a)(39)
applies.
``(ii) Exception.--If, with respect to the
plan, the individual covered by the long-term
care coverage to which such distribution
relates is the spouse of the employee, clause
(i) shall apply only if the employee and the
employee's spouse file a joint return.
``(iii) Exemption of distributions from
trustee to trustee transfer and withholding
rules.--For purposes of sections 401(a)(31),
402(f), and 3405, any qualified long-term care
distribution described in clause (i) shall not
be treated as an eligible rollover
distribution.''.
(d) Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 is amended by adding at the end the following new
section:
``SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE PREMIUM STATEMENTS.
``(a) Requirement of Reporting.--Any issuer of certified long-term
care insurance (as defined in section 401(a)(39)(C)) who provides a
long-term care premium statement with respect to any purchaser pursuant
to section 401(a)(39)(E) for a calendar year, shall make a return not
later than February 1 of the succeeding calendar year, according to
forms or regulations prescribed by the Secretary, setting forth with
respect to each such purchaser--
``(1) the name and taxpayer identification number of such
issuer,
``(2) a statement that the coverage is certified long-term
care insurance as defined in section 401(a)(39)(C),
``(3) the name of the owner of such coverage,
``(4) identification of the individual covered and such
individual's relationship to the owner,
``(5) the premiums paid for the coverage for the calendar
year, and
``(6) such other information as the Secretary may require.
``(b) Statement to Be Furnished to Persons With Respect to Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each individual whose name is required
to be set forth in such return a written statement showing--
``(1) the name, address, and phone number of the
information contact of the issuer of the contract or coverage,
and
``(2) the aggregate amount of premiums and charges paid
under the contract or coverage covering the insured individual
during the calendar year.
The written statement required under the preceding sentence shall be
furnished to the individual or individuals on or before January 31 of
the year following the calendar year for which the return required
under subsection (a) was required to be made.
``(c) Contracts or Coverage Covering More Than One Insured.--In the
case of contracts or coverage covering more than one insured, the
return and statement required by subsections (a) and (b) shall identify
only the portion of the premium that is properly allocable to the
insured in respect of whom the return or statement is made.
``(d) Statement to Be Furnished on Request.--If any individual to
whom a return is required to be furnished under subsection (b) requests
that such a return be furnished at any time before the close of the
calendar year, the person required to make the return under subsection
(b) shall comply with such request and shall furnish to the Secretary
at such time a copy of the return so provided.''.
(2) Penalties.--Section 6724(d) is amended--
(A) in paragraph (1)(B), by adding ``or'' at the
end of clause (xxvii) and by inserting after such
clause the following new clause:
``(xxviii) section 6050Z (relating to
reports relating to long-term care premium
statements), and'', and
(B) in paragraph (2)--
(i) by redesignating subparagraph (JJ),
relating to section 6050Y, as subparagraph (KK)
and moving such subparagraph to the position
immediately after subparagraph (JJ), relating
to section 6226(a)(2),
(ii) by striking ``or'' at the end of
subparagraph (II),
(iii) by striking the period at the end of
subparagraph (JJ), relating to section
6226(a)(2), and inserting a comma,
(iv) by striking the period at the end of
subparagraph (KK), as so redesignated, and
inserting ``, or'', and
(v) by inserting after subparagraph (KK),
as so redesignated, the following new
subparagraph:
``(LL) section 6050Z (relating to reports relating
to long-term care premium statements).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 is amended by
adding after the item relating to section 6050Y the following
new item:
``Sec. 6050Z. Reports relating to long-term care premium statements.''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions made after the date which is 3 years after the
date of the enactment of this Act.
(f) Disclosure to Treasury of Long-term Care Insurance Products.--
The Secretary of the Treasury (or the Secretary's delegate) shall issue
such forms and guidance as are necessary to collect the filing required
by section 401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, as
added by this section.
SEC. 335. CORRECTIONS OF MORTALITY TABLES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall amend the regulation relating to
``Mortality Tables for Determining Present Value Under Defined Benefit
Pension Plans'' (82 Fed. Reg. 46388 (October 5, 2017)). Under such
amendment, for valuation dates occurring during or after 2024, such
mortality improvement rates shall not assume for years beyond the
valuation date future mortality improvements at any age which are
greater than .78 percent. The Secretary of the Treasury (or delegate)
shall by regulation modify the .78 percent figure in the preceding
sentence as necessary to reflect material changes in the overall rate
of improvement projected by the Social Security Administration.
(b) Effective Date.--The amendments required under subsection (a)
shall be deemed to have been made as of the date of the enactment of
this Act, and as of such date all applicable laws shall be applied in
all respects as though the actions which the Secretary of the Treasury
(or the Secretary's delegate) is required to take under such subsection
had been taken.
SEC. 336. REPORT TO CONGRESS ON SECTION 402(F) NOTICES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to the Committees on Finance and Health, Education, Labor, and Pensions
of the Senate and the Committees on Ways and Means and Education and
Labor of the House of Representatives on the notices provided by
retirement plan administrators to plan participants under section
402(f) of the Internal Revenue Code of 1986. The report shall analyze
the effectiveness of such notices and make recommendations, as
warranted by the findings, to facilitate better understanding by
recipients of different distribution options and corresponding tax
consequences, including spousal rights.
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
SPECIAL NEEDS TRUSTS.
(a) In General.--Section 401(a)(9)(H)(iv)(II) is amended by
striking ``no individual'' and inserting ``no beneficiary''.
(b) Conforming Amendment.--Section 401(a)(9)(H)(v) is amended by
adding at the end the following flush sentence:
``For purposes of the preceding sentence, in
the case of a trust the terms of which are
described in clause (iv)(II), any beneficiary
which is an organization described in section
408(d)(8)(B)(i) shall be treated as a
designated beneficiary described in subclause
(II).''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN CASES.
(a) In General.--Section 105(a)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended--
(1) in subparagraph (A)(iv), by inserting ``subject to
subparagraph (E),'' before ``may be delivered''; and
(2) by adding at the end the following:
``(E) Provision of paper statements.--With respect
to at least 1 pension benefit statement furnished for a
calendar year with respect to an individual account
plan under paragraph (1)(A), and with respect to at
least 1 pension benefit statement furnished every 3
calendar years with respect to a defined benefit plan
under paragraph (1)(B), such statement shall be
furnished on paper in written form except--
``(i) in the case of a plan that furnishes
such statement in accordance with section
2520.104b-1(c) of title 29, Code of Federal
Regulations; or
``(ii) in the case of a plan that permits a
participant or beneficiary to request that the
statements referred to in the matter preceding
clause (i) be furnished by electronic delivery,
if the participant or beneficiary requests that
such statements be delivered electronically and
the statements are so delivered.''.
(b) Implementation.--
(1) In general.--The Secretary of Labor shall, not later
than December 31, 2024, update section 2520.104b-1(c) of title
29, Code of Federal Regulations, to provide that a plan may
furnish the statements referred to in subparagraph (E) of
section 105(a)(2) of the Employee Retirement Income Security
Act of 1974 by electronic delivery only if, with respect to
participants who first become eligible to participate, and
beneficiaries who first become eligible for benefits, after
December 31, 2025, in addition to meeting the other
requirements under the regulations such plan furnishes each
participant or beneficiary a one-time initial notice on paper
in written form, prior to the electronic delivery of any
pension benefit statement, of their right to request that all
documents required to be disclosed under title I of the
Employee Retirement Income Security Act of 1974 be furnished on
paper in written form.
(2) Other guidance.--In implementing the amendment made by
subsection (a) with respect to a plan that discloses required
documents or statements electronically, in accordance with
applicable guidance governing electronic disclosure by the
Department of Labor (with the exception of section 2520.104b-
1(c) of title 29, Code of Federal Regulations), the Secretary
of Labor shall, not later than December 31, 2024, update such
guidance to the extent necessary to ensure that--
(A) a participant or beneficiary under such a plan
is permitted the opportunity to request that any
disclosure required to be delivered on paper under
applicable guidance by the Department of Labor shall be
furnished by electronic delivery;
(B) each paper statement furnished under such a
plan pursuant to the amendment shall include--
(i) an explanation of how to request that
all such statements, and any other document
required to be disclosed under title I of the
Employee Retirement Income Security Act of
1974, be furnished by electronic delivery; and
(ii) contact information for the plan
sponsor, including a telephone number;
(C) the plan may not charge any fee to a
participant or beneficiary for the delivery of any
paper statements;
(D) each document required to be disclosed that is
furnished by electronic delivery under such a plan
shall include an explanation of how to request that all
such documents be furnished on paper in written form;
and
(E) a plan is permitted to furnish a duplicate
electronic statement in any case in which the plan
furnishes a paper pension benefit statement.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning after December 31, 2025.
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS ORDERS.
(a) Amendment of Internal Revenue Code of 1986.--
(1) In general.--Clause (ii) of section 414(p)(1)(B) is
amended by inserting ``or Tribal'' after ``State''.
(2) Conforming amendment.--Subparagraph (B) of section
414(p)(1) is amended by adding at the end the following flush
sentence:
``For purposes of clause (ii), the term `Tribal' with
respect to a domestic relations law means such a law
which is issued by or under the laws of an Indian
tribal government, a subdivision of such an Indian
tribal government, or an agency or instrumentality of
either.''.
(b) Amendment of Employee Retirement Income Security Act of 1974.--
(1) In general.--Section 206(d)(3)(B)(ii)(II) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1056(d)(3)(B)(ii)(II)) is amended by inserting ``or Tribal''
after ``State''.
(2) Conforming amendment.--Section 206(d)(3)(B) of such Act
is amended by adding at the end the following flush sentence:
``For purposes of clause (ii)(II), the term `Tribal'
with respect to a domestic relations law means such a
law which is issued by or under the laws of an Indian
tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of
such an Indian tribal government, or an agency or
instrumentality of either.''.
(c) Effective Date.--The amendments made by this section shall
apply to domestic relations orders received by plan administrators
after December 31, 2022, including any such order which is submitted
for reconsideration after such date.
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Labor shall--
(1) review section 2550.404a-5 of title 29, Code of Federal
Regulations (relating to fiduciary requirements for disclosure
in participant-directed individual account plans);
(2) explore, through a public request for information or
otherwise, how the contents and design of the disclosures
described in such section may be improved to enhance
participants' understanding of fees and expenses related to a
defined contribution plan (as defined in section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002)) as well as the cumulative effect of such fees and
expenses on retirement savings over time; and
(3) report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives on the findings of the
exploration described in paragraph (2), including beneficial
education for consumers on financial literacy concepts as
related to retirement plan fees and recommendations for
legislative changes needed to address such findings.
SEC. 341. CONSOLIDATION OF DEFINED CONTRIBUTION PLAN NOTICES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Labor and the Secretary of the Treasury (or such
Secretaries' delegates) shall adopt regulations providing that a plan
(as defined in section 3 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002)) may, but is not required to, consolidate 2 or
more of the notices required under sections 404(c)(5)(B) and 514(e)(3)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) and sections 401(k)(12)(D),
401(k)(13)(E), and 414(w)(4) of the Internal Revenue Code of 1986 into
a single notice so long as the combined notice--
(1) includes the required content;
(2) clearly identifies the issues addressed therein;
(3) is furnished at the time and with the frequency
required for each such notice; and
(4) is presented in a manner that is reasonably calculated
to be understood by the average plan participant and that does
not obscure or fail to highlight the primary information
required for each notice.
This section shall not be interpreted as preventing the consolidation
of any other notices required under the Employee Retirement Income
Security Act of 1974, or Internal Revenue Code of 1986, to the extent
otherwise permitted by the Secretary of Labor or the Secretary of the
Treasury (or either such Secretary's delegate), as applicable.
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITIGATION.
(a) In General.--Part 1 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.), as
amended by the preceding provisions of this title, is amended by adding
at the end the following:
``SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT TO LUMP
SUMS.
``(a) In General.--A plan administrator of a pension plan that
amends the plan to provide a period of time during which a participant
or beneficiary may elect to receive a lump sum, instead of future
monthly payments, shall furnish notice--
``(1) to each participant or beneficiary offered such lump
sum amount, in the manner in which the participant and
beneficiary receives the lump sum offer from the plan sponsor,
not later than 90 days prior to the first day on which the
participant or beneficiary may make an election with respect to
such lump sum; and
``(2) to the Secretary and the Pension Benefit Guaranty
Corporation, not later than 30 days prior to the first day on
which participants and beneficiaries may make an election with
respect to such lump sum.
``(b) Notice to Participants and Beneficiaries.--
``(1) Content.--The notice required under subsection (a)(1)
shall include the following:
``(A) Available benefit options, including the
estimated monthly benefit that the participant or
beneficiary would receive at normal retirement age,
whether there is a subsidized early retirement option
or qualified joint and survivor annuity that is fully
subsidized (in accordance with section 417(a)(5) of the
Internal Revenue Code of 1986, the monthly benefit
amount if payments begin immediately, and the lump sum
amount available if the participant or beneficiary
takes the option.
``(B) An explanation of how the lump sum was
calculated, including the interest rate, mortality
assumptions, and whether any additional plan benefits
were included in the lump sum, such as early retirement
subsidies.
``(C) In a manner consistent with the manner in
which a written explanation is required to be given
under 417(a)(3) of the Internal Revenue Code of 1986,
the relative value of the lump sum option for a
terminated vested participant compared to the value
of--
``(i) the single life annuity, (or other
standard form of benefit); and
``(ii) the qualified joint and survivor
annuity (as defined in section 205(d)(1));
``(D) A statement that--
``(i) a commercial annuity comparable to
the annuity available from the plan may cost
more than the amount of the lump sum amount,
and
``(ii) it may be advisable to consult an
advisor regarding this point if the participant
or beneficiary is considering purchasing a
commercial annuity.
``(E) The potential ramifications of accepting the
lump sum, including longevity risks, loss of
protections guaranteed by the Pension Benefit Guaranty
Corporation (with an explanation of the monthly benefit
amount that would be protected by the Pension Benefit
Guaranty Corporation if the plan is terminated with
insufficient assets to pay benefits), loss of
protection from creditors, loss of spousal protections,
and other protections under this Act that would be
lost.
``(F) General tax rules related to accepting a lump
sum, including rollover options and early distribution
penalties with a disclaimer that the plan does not
provide tax, legal, or accounting advice, and a
suggestion that participants and beneficiaries consult
with their own tax, legal, and accounting advisors
before determining whether to accept the offer.
``(G) How to accept or reject the offer, the
deadline for response, and whether a spouse is required
to consent to the election.
``(H) Contact information for the point of contact
at the plan administrator for participants and
beneficiaries to get more information or ask questions
about the options.
``(2) Plain language.--The notice under this subsection
shall be written in a manner calculated to be understood by the
average plan participant.
``(3) Model notice.--The Secretary shall issue a model
notice for purposes of the notice under subsection (a)(1),
including for information required under subparagraphs (C)
through (F) of paragraph (1).
``(c) Notice to the Secretary and Pension Benefit Guaranty
Corporation.--The notice required under subsection (a)(2) shall include
the following:
``(1) The total number of participants and beneficiaries
eligible for such lump sum option.
``(2) The length of the limited period during which the
lump sum is offered.
``(3) An explanation of how the lump sum was calculated,
including the interest rate, mortality assumptions, and whether
any additional plan benefits were included in the lump sum,
such as early retirement subsidies.
``(4) A sample of the notice provided to participants and
beneficiaries under subsection (a)(1), if otherwise required.
``(d) Post-Offer Report to the Secretary and Pension Benefit
Guaranty Corporation.--Not later than 90 days after the conclusion of
the limited period during which participants and beneficiaries in a
plan may accept a plan's offer of a lump sum, a plan sponsor shall
submit a report to the Secretary and the Director of the Pension
Benefit Guaranty Corporation that includes the number of participants
and beneficiaries who accepted the lump sum offer and such other
information as the Secretary may require.
``(e) Public Availability.--The Secretary shall make the
information provided in the notice to the Secretary required under
subsection (a)(2) and in the post-offer reports submitted under
subsection (d) publicly available in a form that protects the
confidentiality of the information provided.
``(f) Biennial Report.--Not later than the last day of the second
calendar year after the calendar year including the applicability date
of the final rules under section 342(e) of the SECURE 2.0 Act of 2022,
and every 2 years thereafter, so long as the Secretary has received
notices and post-offer reports under subsections (c) and (d) of this
section, the Secretary shall submit to Congress a report that
summarizes such notices and post-offer reports during the applicable
reporting period. The applicable reporting period begins on the first
day of the second calendar year preceding the calendar year that the
report is submitted to Congress and ends on the last day of the
calendar year preceding the calendar year the report is due.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974, as amended by the
proceeding provisions of this title, is further amended by inserting
after the item relating to section 112 the following new item:
Sec. 113. Notice and disclosure requirements with respect to lump sum
windows.
(c) Enforcement.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended--
(1) in subsection (c)(1), by striking ``or section 105(a)''
and inserting ``, section 105(a), or section 113(a)''; and
(2) in subsection (a)(4), by striking ``105(c)'' and
inserting ``section 105(c) or 113(a)''.
(d) Application.--The requirements of section 113 of the Employee
Retirement Income Security Act of 1974, as added by subsection (b),
shall apply beginning on the applicable effective date specified in the
final regulations promulgated pursuant to subsection (e).
(e) Regulatory Authority.--Not earlier than 1 year after the date
of enactment of this Act, the Secretary of Labor, in consultation with
the Secretary of the Treasury, shall issue regulations to implement
section 113 of the Employee Retirement Income Security Act of 1974, as
added by subsection (a). Such regulations shall be applicable not
earlier than the issuance of a final rule and not later than 1 year
after issuance of a final rule.
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES.
(a) In General.--Section 101(f)(2)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)) is amended--
(1) in clause (i)(I), by striking ``funding target
attainment percentage (as defined in section 303(d)(2))'' and
inserting ``percentage of plan liabilities funded (as described
in clause (ii)(I)(bb))'';
(2) in clause (ii)(I)--
(A) by striking ``, a statement of'';
(B) by striking item (aa);
(C) by redesignating item (bb) as item (aa);
(D) in item (aa), as so redesignated--
(i) by inserting ``a statement of'' before
``the value'',
(ii) by inserting ``, and for the preceding
2 plan years as of the last day of each such
plan year,'' before ``determined using'',
(iii) by striking ``and'' at the end; and
(E) by adding at the end the following:
``(bb) for purposes of the
statement in subparagraph
(B)(i)(I), the percentage of
plan liabilities funded,
calculated as the ratio between
the value of the plan's assets
and liabilities, as determined
under item (aa), for the plan
year to which the notice
relates and for the 2 preceding
plan years, and
``(cc) if the information
in (aa) and (bb) is presented
in tabular form, a statement
that describes that in the
event of a plan termination the
corporation's calculation of
plan liabilities may be greater
and that references the section
of the notice with the
information required under
clause (x), and'';
(3) in clause (ii)(II), by striking ``subclause (I)(bb)''
and inserting ``subclause (I)(aa)'',
(4) in clause (iii), in the matter preceding subclause (I),
by inserting ``for the plan year to which the notice relates as
of the last day of such plan year and the preceding 2 plan
years, in tabular format,'' after ``participants'';
(5) in clause (iv)--
(A) by striking ``plan and the asset'' and
inserting ``plan, the asset''; and
(B) by inserting ``, and the average return on
assets for the plan year,'' after ``assets)'';
(6) by redesignating clauses (ix) through (xi) as clause
(x) through (xii), respectively;
(7) by inserting after clause (viii) the following:
``(ix) in the case of a single-employer
plan, a statement as to whether the plan's
funded status, based on the plan's liabilities
described under subclause (II) for the plan
year to which the notice relates, and for the 2
preceding plan years, is at least 100 percent
(and, if not, the actual percentages), that
includes--
``(I) the plan's assets, as of the
last day of the plan year and for the 2
preceding plan years, as determined
under clause (ii)(I)(aa),
``(II) the plan's liabilities, as
of the last day of the plan year and
for the 2 preceding plan years, as
determined under clause (ii)(1)(aa),
and
``(III) the funded status of the
plan, determined as the ratio of the
plan's assets and liabilities
calculated under subclauses (I) and
(II), for the plan year to which the
notice relates, and for the 2 preceding
plan years,''; and
(8) in clause (x), as so redesignated, by striking the
comma at the end and inserting the following: ``and a statement
that, in the case of a single-employer plan--
``(I) if plan assets are determined
to be sufficient to pay vested benefits
that are not guaranteed by the Pension
Benefit Guaranty Corporation,
participants and beneficiaries may
receive benefits in excess of the
guaranteed amount, and
``(II) such a determination
generally uses assumptions that result
in a plan having a lower funded status
as compared to the plan's funded status
disclosed in this notice.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to plan years beginning after December 31, 2023.
SEC. 344. REPORT ON POOLED EMPLOYER PLANS.
The Secretary of Labor shall--
(1) conduct a study on the pooled employer plan (as such
term is defined in section 3(43) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(43))) industry,
including on--
(A) the legal name and number of pooled employer
plans;
(B) the number of participants in such plans;
(C) the range of investment options provided in
such plans;
(D) the fees assessed in such plans;
(E) the manner in which employers select and
monitor such plans;
(F) the disclosures provided to participants in
such plans;
(G) the number and nature of any enforcement
actions by the Secretary of Labor on such plans;
(H) the extent to which such plans have increased
retirement savings coverage in the United States; and
(I) any additional information as the Secretary
determines is necessary; and
(2) not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, submit to Congress and
make available on a publicly accessible website of the
Department of Labor, a report on the findings of the study
under paragraph (1), including recommendations on how pooled
employer plans can be improved, through legislation, to serve
and protect retirement plan participants.
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS.
(a) In General.--Section 202(a) of the Setting Every Community Up
for Retirement Enhancement Act of 2019 (Public Law 116-94; 26 U.S.C.
6058 note) is amended--
(1) by striking ``so that all members'' and inserting the
following: ``so that--
``(1) all members'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(2) any opinions required by section 103(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1023(a)(3)) shall relate only to each individual plan which
would otherwise be subject to the requirements of such section
103(a)(3).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means
a program, designed to promote employee ownership, that exists
on the date on which the Secretary is carrying out a
responsibility authorized under this section.
(2) Initiative.--The term ``Initiative'' means the Employee
Ownership Initiative established under subsection (b).
(3) New program.--The term ``new program'' means a program,
designed to promote employee ownership, that does not exist on
the date on which the Secretary is carrying out a
responsibility authorized under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' has the meaning given the
term under section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(b) Employee Ownership Initiative.--
(1) Establishment.--The Secretary shall establish within
the Department of Labor an Employee Ownership Initiative to
promote employee ownership.
(2) Functions.--In carrying out the Initiative, the
Secretary shall--
(A) support within the States existing programs
designed to promote employee ownership; and
(B) facilitate within the States the formation of
new programs designed to promote employee ownership.
(3) Duties.--To carry out the functions enumerated in
paragraph (2), the Secretary shall support new programs and
existing programs by--
(A) making Federal grants authorized under
subsection (d); and
(B)(i) acting as a clearinghouse on techniques
employed by new programs and existing programs within
the States, and disseminating information relating to
those techniques to the programs; or
(ii) funding projects for information gathering on
those techniques, and dissemination of that information
to the programs, by groups outside the Department of
Labor.
(4) Consultation with treasury.--The Secretary shall
consult with the Secretary of the Treasury, or the Secretary's
delegate, in the case of any employee ownership arrangements or
structures the administration and enforcement of which are
within the jurisdiction of the Department of the Treasury.
(c) Programs Regarding Employee Ownership.--
(1) Establishment of program.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new programs and existing
programs within the States to foster employee ownership
throughout the United States.
(2) Purpose of program.--The purpose of the program
established under paragraph (1) is to encourage new and
existing programs within the States that focus on--
(A) providing education and outreach to inform
employees and employers about the possibilities and
benefits of employee ownership and business ownership
succession planning, including providing information
about financial education, employee teams, open-book
management, and other tools that enable employees to
share ideas and information about how their businesses
can succeed;
(B) providing technical assistance to assist
employee efforts to become business owners, to enable
employers and employees to explore and assess the
feasibility of transferring full or partial ownership
to employees, and to encourage employees and employers
to start new employee-owned businesses;
(C) training employees and employers with respect
to methods of employee participation in open-book
management, work teams, committees, and other
approaches for seeking greater employee input; and
(D) training other entities to apply for funding
under this subsection, to establish new programs, and
to carry out program activities.
(3) Program details.--The Secretary may include, in the
program established under paragraph (1), provisions that--
(A) in the case of activities described in
paragraph (2)(A)--
(i) target key groups, such as retiring
business owners, senior managers, labor
organizations, trade associations, community
organizations, and economic development
organizations;
(ii) encourage cooperation in the
organization of workshops and conferences; and
(iii) prepare and distribute materials
concerning employee ownership, and business
ownership succession planning;
(B) in the case of activities described in
paragraph (2)(B)--
(i) provide preliminary technical
assistance to employee groups, managers, and
retiring owners exploring the possibility of
employee ownership;
(ii) provide for the performance of
preliminary feasibility assessments;
(iii) assist in the funding of objective
third-party feasibility studies and preliminary
business valuations, and in selecting and
monitoring professionals qualified to conduct
such studies; and
(iv) provide a data bank to help employees
find legal, financial, and technical advice in
connection with business ownership;
(C) in the case of activities described in
paragraph (2)(C)--
(i) provide for courses on employee
participation; and
(ii) provide for the development and
fostering of networks of employee-owned
companies to spread the use of successful
participation techniques; and
(D) in the case of training described in paragraph
(2)(D)--
(i) provide for visits to existing programs
by staff from new programs receiving funding
under this section; and
(ii) provide materials to be used for such
training.
(4) Guidance.--The Secretary shall issue formal guidance,
for--
(A) recipients of grants awarded under subsection
(d) and one-stop partners (as defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)) affiliated with the workforce development
systems (as so defined) of the States, proposing that
programs and other activities funded under this section
be--
(i) proactive in encouraging actions and
activities that promote employee ownership of
businesses; and
(ii) comprehensive in emphasizing both
employee ownership of businesses so as to
increase productivity and broaden capital
ownership; and
(B) acceptable standards and procedures to
establish good faith fair market value for shares of a
business to be acquired by an employee stock ownership
plan (as defined in section 407(d)(6) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1107(d)(6))).
The guidance under subparagraph (B) shall be prescribed in
consultation with the Secretary of the Treasury.
(d) Grants.--
(1) In general.--In carrying out the program established
under subsection (c), the Secretary may make grants for use in
connection with new programs and existing programs within a
State for any of the following activities:
(A) Education and outreach as provided in
subsection (c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers
as provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among
employee-owned firms.
(E) Training as provided in subsection (c)(2)(D)
for new programs provided by participants in existing
programs dedicated to the objectives of this section,
except that, for each fiscal year, the amount of the
grants made for such training shall not exceed 10
percent of the total amount of the grants made under
this section.
(2) Amounts and conditions.--The Secretary shall determine
the amount and any conditions for a grant made under this
subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the applicant
for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit
an application under paragraph (3) on behalf of any local
entity consisting of a unit of State or local government,
State-supported institution of higher education, or nonprofit
organization, meeting the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to
support or establish a program pursuant to this section
during any fiscal year, the Secretary shall, in the
subsequent fiscal years, allow local entities described
in paragraph (4) from that State to make applications
for grants under paragraph (3) on their own initiative.
(B) Application screening.--Any State failing to
support or establish a program pursuant to this section
during any fiscal year may submit applications under
paragraph (3) in the subsequent fiscal years but may
not screen applications by local entities described in
paragraph (4) before submitting the applications to the
Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2025, $300,000.
(B) For fiscal year 2026, $330,000.
(C) For fiscal year 2027, $363,000.
(D) For fiscal year 2028, $399,300.
(E) For fiscal year 2029, $439,200.
(7) Annual report.--For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding
the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more
than 10 percent of the funds appropriated for a fiscal year to carry
out this section, for the purposes of conducting evaluations of the
grant programs identified in subsection (d) and to provide related
technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary shall
prepare and submit to Congress a report--
(1) on progress related to employee ownership in businesses
in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d) the
following:
(A) For fiscal year 2025, $4,000,000.
(B) For fiscal year 2026, $7,000,000.
(C) For fiscal year 2027, $10,000,000.
(D) For fiscal year 2028, $13,000,000.
(E) For fiscal year 2029, $16,000,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative
expenses related to the Initiative--
(A) for fiscal year 2024, $200,000, and
(B) for each of fiscal years 2025 through 2029, an
amount not in excess of the lesser of--
(i) $350,000; or
(ii) 5.0 percent of the maximum amount
available under paragraph (1) for that fiscal
year.
SEC. 347. REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF INFLATION
ON RETIREMENT SAVINGS.
The Secretary of Labor, in consultation with the Secretary of the
Treasury, shall--
(1) conduct a study on the impact of inflation on
retirement savings; and
(2) not later than 90 days after the date of enactment of
this Act, submit to Congress a report on the findings of the
study.
SEC. 348. CASH BALANCE.
(a) Amendment of Internal Revenue Code of 1986.--Section 411(b) is
amended by adding at the end the following new paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1), in the case
of an applicable defined benefit plan (as defined in subsection
(a)(13)(C)) which provides variable interest crediting rates,
the interest crediting rate which is treated as in effect and
as the projected interest crediting rate shall be a reasonable
projection of such variable interest crediting rate, not to
exceed 6 percent.''.
(b) Amendment of Employee Retirement Income Security Act of 1974.--
Section 204(b) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1060(b)) is amended by adding at the end the following new
paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1), in the case
of an applicable defined benefit plan (within the meaning of
section 203(f)(3)) which provides variable interest crediting
rates, the interest crediting rate which is treated as in
effect and as the projected interest crediting rate shall be a
reasonable projection of such variable interest crediting rate,
not to exceed 6 percent.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date of enactment
of this Act.
SEC. 349. TERMINATION OF VARIABLE RATE PREMIUM INDEXING.
(a) In General.--Paragraph (8) of 4006(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended
by--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'';
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) for plan years beginning after
calendar year 2023, $52.'';
(2) in subparagraph (B), in the matter preceding clause
(i), by inserting ``and before 2024'' after ``2012'' ; and
(3) in subparagraph (D)(vii), by inserting ``and before
2024'' after ``2019''.
(b) Technical Amendment.--Clause (i) of section 4006(a)(3)(E) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(E)) is amended by striking ``subparagraph (H)'' and
inserting ``subparagraph (I)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE DEFERRAL
FAILURES.
(a) In General.--Section 414, as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following new subsection:
``(cc) Correcting Automatic Contribution Errors.--
``(1) In general.--Any plan or arrangement shall not fail
to be treated as a plan described in sections 401(a), 403(b),
408, or 457(b), as applicable, solely by reason of a corrected
error.
``(2) Corrected error defined.--For purposes of this
subsection, the term `corrected error' means a reasonable
administrative error--
``(A)(i) made in implementing an automatic
enrollment or automatic escalation feature with respect
to an eligible employee (or an affirmative election
made by an eligible employee covered by such feature),
or
``(ii) made by failing to afford an eligible
employee the opportunity to make an affirmative
election because such employee was improperly excluded
from the plan], and
``(B) that is corrected prospectively by
implementing an automatic enrollment or automatic
escalation feature with respect to an eligible employee
(or an affirmative election made by an eligible
employee) determined in accordance with the terms of an
eligible automatic contribution arrangement (as defined
under subsection (w)(3)), provided that--
``(i) such implementation error is
corrected not later than--
``(I) the date of the first payment
of compensation made by the employer to
the employee on or after the last day
of the 9\1/2\ month-period after the
end of the plan year during which such
error with respect to the employee
first occurred, or
``(II) if earlier in the case of an
employee who notifies the plan sponsor
of such error, the date of the first
payment of compensation made by the
employer to the employee on or after
the last day of the month following the
month in which such notification was
made,
``(ii) in the case of an employee who would
have been entitled to additional matching
contributions had any missed elective deferral
been made, the plan sponsor makes a corrective
allocation, not later than the deadline
specified by the Secretary in regulations or
other guidance prescribed under paragraph (3),
of matching contributions on behalf of the
employee in an amount equal to the additional
matching contributions to which the employee
would have been so entitled (adjusted to
account for earnings had the missed elective
deferrals been made).
``(iii) such implementation error is of a
type which is so corrected for all similarly
situated participants in a nondiscriminatory
manner,
``(iv) notice of such error is given to the
employee not later than 45 days after the date
on which correct deferrals begin, and
``(v) the notice under clause (iv)
satisfies such regulations or other guidance as
the Secretary prescribes under paragraph (4).
Such correction may occur before or after the participant has
terminated employment and may occur without regard to whether
the error is identified by the Secretary.
``(3) No obligation for employer to restore missed elective
deferrals.--If the requirements of paragraph (2)(B) are
satisfied, the employer will not be required to provide
eligible employees with the missed amount of elective deferrals
resulting from a reasonable administrative error described in
paragraph (2)(A)(i) or (ii) through a qualified nonelective
contribution, or otherwise.
``(4) Regulations and guidance for favorable correction
methods.--The Secretary shall by regulations or other guidance
of general applicability prescribe--
``(A) the deadline for making a corrective
allocation of matching contributions required by
paragraph (2)(B)(ii),
``(B) the content of the notice required by
paragraph (2)(B)(iv),
``(C) the manner in which the amount of the
corrective allocation under paragraph (2)(B)(ii) is
determined,
``(D) the manner of adjustment to account for
earnings on matching contributions under paragraph
(2)(B)(ii), and
``(E) such other rules as are necessary to carry
out the purposes of the subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any errors with respect to which the date referred to
in section 414(cc) (as added by this section) is after December 31,
2023. Prior to the application of any regulations or other guidance
prescribed under paragraph (3) of section 414(cc) of the Internal
Revenue Code of 1986 (as added by this section), taxpayers may rely
upon their reasonable good faith interpretations of the provisions of
such section.
TITLE IV--TECHNICAL AMENDMENTS
SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP FOR
RETIREMENT ENHANCEMENT ACT OF 2019.
(a) Technical Amendments.--
(1) Amendments relating to section 103.--Section 401(m)(12)
is amended by striking ``and'' at the end of subparagraph (A),
by redesignating subparagraph (B) as subparagraph (C), and by
inserting after subparagraph (A) (as so amended) the following
new subparagraph:
``(B) meets the notice requirements of subsection
(k)(13)(E), and''.
(2) Amendments relating to section 112.--
(A) Section 401(k)(15)(B)(i)(II) is amended by
striking ``subsection (m)(2)'' and inserting
``paragraphs (2), (11), and (12) of subsection (m)''.
(B) Section 401(k)(15)(B)(iii) is amended by
striking ``under the arrangement'' and inserting
``under the plan''.
(C) Section 401(k)(15)(B)(iv) is amended by
striking ``section 410(a)(1)(A)(ii)'' and inserting
``paragraph (2)(D)''.
(3) Amendment relating to section 116.--Section 4973(b) is
amended by adding at the end of the flush matter the following:
``Such term shall not include any designated nondeductible
contribution (as defined in subparagraph (C) of section
408(o)(2)) which does not exceed the nondeductible limit under
subparagraph (B) thereof by reason of an election under section
408(o)(5).''.
(b) Clerical Amendments.--
(1) Section 72(t)(2)(H)(vi)(IV) is amended by striking
``403(b)(7)(A)(ii)'' and inserting `` 403(b)(7)(A)(i)''.
(2) Section 401(k)(12)(G) is amended by striking ``the
requirements under subparagraph (A)(i)'' and inserting ``the
contribution requirements under subparagraph (B) or (C)''.
(3) Section 401(k)(13)(D)(iv) is amended by striking ``and
(F)'' and inserting ``and (G)''.
(4) Section 408(o)(5)(A) is amended by striking
``subsection (b)'' and inserting ``section 219(b)''.
(5) Section 408A(c)(2)(A) is amended by striking ``(d)(1)
or''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the section of the Setting Every Community Up
for Retirement Enhancement Act of 2019 to which the amendment relates.
TITLE V--ADMINISTRATIVE PROVISIONS
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any retirement plan or
contract amendment--
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such retirement plan shall not fail
to meet the requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the Employee
Retirement Income Security Act of 1974 by reason of such
amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any retirement plan or annuity contract which is made--
(A) pursuant to any amendment made by this Act or
pursuant to any regulation issued by the Secretary of
the Treasury or the Secretary of Labor (or a delegate
of either such Secretary) under this Act; and
(B) on or before the last day of the first plan
year beginning on or after January 1, 2025, or such
later date as the Secretary of the Treasury may
prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), or an applicable
collectively bargained plan, this paragraph shall be applied by
substituting ``2027'' for ``2025''. For purposes of the
preceding sentence, the term ``applicable collectively
bargained plan'' means a plan maintained pursuant to 1 or more
collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of enactment of this Act.
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) during the period--
(i) beginning on the date the legislative
or regulatory amendment described in paragraph
(1)(A) takes effect (or in the case of a plan
or contract amendment not required by such
legislative or regulatory amendment, the
effective date specified by the plan); and
(ii) ending on the date described in
paragraph (1)(B) (as modified by the second
sentence of paragraph (1)) (or, if earlier, the
date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect; and
(B) such plan or contract amendment applies
retroactively for such period.
(c) Coordination With Other Provisions Relating to Plan
Amendments.--
(1) SECURE act.--Section 601(b)(1) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 is
amended--
(A) by striking ``January 1, 2022'' in subparagraph
(B) and inserting ``January 1, 2025'', and
(B) by striking ``substituting `2024' for `2022'.''
in the flush matter at the end and inserting
``substituting `2027' for `2025'.''.
(2) CARES act.--
(A) Special rules for use of retirement funds.--
Section 2202(c)(2)(A) of the CARES Act is amended by
striking ``January 1, 2022'' in clause (ii) and
inserting ``January 1, 2025''.
(B) Temporary waiver of required minimum
distributions rules for certain retirement plans and
accounts.--Section 2203(c)(2)(B)(i) of the CARES Act is
amended--
(i) by striking ``January 1, 2022'' in
subclause (II) and inserting ``January 1,
2025'', and
(ii) by striking ``substituting `2024' for
`2022'.'' in the flush matter at the end and
inserting ``substituting `2027' for `2025'.''.
(C) Taxpayer certainty and disaster tax relief act
of 2020.--Section 302(d)(2)(A) of the Taxpayer
Certainty and Disaster Tax Relief Act of 2020 is
amended by striking ``January 1, 2022'' in clause (ii)
and inserting ``January 1, 2025''.
TITLE VI--REVENUE PROVISIONS
SEC. 601. SIMPLE AND SEP ROTH IRAS.
(a) In General.--Section 408A is amended by striking subsection
(f).
(b) Rules Relating to Simplified Employee Pensions.--
(1) Contributions.--Section 402(h)(1) is amended by
striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(C) in the case of any contributions pursuant to
a simplified employer pension which are made to an
individual retirement plan designated as a Roth IRA,
such contribution shall not be excludable from gross
income.''.
(2) Distributions.--Section 402(h)(3) is amended by
inserting ``(or section 408A(d) in the case of an individual
retirement plan designated as a Roth IRA)'' before the period
at the end.
(3) Election required.--Section 408(k) is amended by
redesignating paragraphs (7), (8), and (9) as paragraphs (8),
(9), and (10), respectively, and by inserting after paragraph
(6) the following new paragraph:
``(7) Roth contribution election.--An individual retirement
plan which is designated as a Roth IRA shall not be treated as
a simplified employee pension under this subsection unless the
employee elects for such plan to be so treated (at such time
and in such manner as the Secretary may provide).''.
(c) Rules Relating to Simple Retirement Accounts.--
(1) Election required.--Section 408(p), as amended by the
preceding provisions of this Act, is further amended by adding
at the end the following new paragraph:
``(12) Roth contribution election.--An individual
retirement plan which is designated as a Roth IRA shall not be
treated as a simple retirement account under this subsection
unless the employee elects for such plan to be so treated (at
such time and in such manner as the Secretary may provide).''.
(2) Rollovers.--Section 408A(e) is amended by adding at the
end the following new paragraph:
``(3) Simple retirement accounts.--In the case of any
payment or distribution out of a simple retirement account (as
defined in section 408(p)) with respect to which an election
has been made under section 408(p)(12) and to which 72(t)(6)
applies, the term `qualified rollover contribution' shall not
include any payment or distribution paid into an account other
than another simple retirement account (as so defined).''.
(d) Conforming Amendment.--Section 408A(d)(2)(B) is amended by
inserting ``, or employer in the case of a simple retirement account
(as defined in section 408(p)) or simplified employee pension (as
defined in section 408(k)),'' after ``individual's spouse''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(B) PLANS.
(a) In General.--Section 403(b), as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new paragraph:
``(17) Special rules relating to hardship withdrawals.--For
purposes of paragraphs (7) and (11)--
``(A) Amounts which may be withdrawn.--The
following amounts may be distributed upon hardship of
the employee:
``(i) Contributions made pursuant to a
salary reduction agreement (within the meaning
of section 3121(a)(5)(D)).
``(ii) Qualified nonelective contributions
(as defined in section 401(m)(4)(C)).
``(iii) Qualified matching contributions
described in section 401(k)(3)(D)(ii)(I).
``(iv) Earnings on any contributions
described in clause (i), (ii), or (iii).
``(B) No requirement to take available loan.--A
distribution shall not be treated as failing to be made
upon the hardship of an employee solely because the
employee does not take any available loan under the
plan.''.
(b) Conforming Amendments.--
(1) Section 403(b)(7)(A)(i)(V) is amended by striking ``in
the case of contributions made pursuant to a salary reduction
agreement (within the meaning of section 3121(a)(5)(D))'' and
inserting ``subject to the provisions of paragraph (17)''.
(2) Paragraph (11) of section 403(b), as amended by this
Act, is further amended--
(A) by striking ``in'' in subparagraph (B) and
inserting ``subject to the provisions of paragraph
(17), in'', and
(B) by striking the second sentence.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR CONTRIBUTION
LIMIT.
(a) Applicable Employer Plans.--Section 414(v) is amended by adding
at the end the following new paragraph:
``(7) Certain deferrals must be roth contributions.--
``(A) In general.--Except as provided in
subparagraph (C), in the case of an eligible
participant whose wages (as defined in section 3121(a))
for the preceding calendar year from the employer
sponsoring the plan exceed $145,000, paragraph (1)
shall apply only if any additional elective deferrals
are designated Roth contributions (as defined in
section 402A(c)(1)) made pursuant to an employee
election.
``(B) Roth option.--In the case of an applicable
employer plan with respect to which subparagraph (A)
applies to any participant for a plan year, paragraph
(1) shall not apply to the plan unless the plan
provides that any eligible participant may make the
participant's additional elective deferrals as
designated Roth contributions.
``(C) Exception.--Subparagraph (A) shall not apply
in the case of an applicable employer plan described in
paragraph (6)(A)(iv).
``(D) Election to change deferrals.--The Secretary
may provide by regulations that an eligible participant
may elect to change the participant's election to make
additional elective deferrals if the participant's
compensation is determined to exceed the limitation
under subparagraph (A) after the election is made.
``(E) Cost of living adjustment.--In the case of a
year beginning after December 31, 2024, the Secretary
shall adjust annually the $145,000 amount in
subparagraph (A) for increases in the cost-of-living at
the same time and in the same manner as adjustments
under 415(d); except that the base period taken into
account shall be the calendar quarter beginning July 1,
2023, and any increase under this subparagraph which is
not a multiple of $5,000 shall be rounded to the next
lower multiple of $5,000.''.
(b) Conforming Amendments.--
(1) Section 402(g)(1) is amended by striking subparagraph
(C).
(2) Section 457(e)(18)(A)(ii) is amended by inserting ``the
lesser of any designated Roth contributions made by the
participant to the plan or'' before ``the applicable dollar
amount''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NONELECTIVE
CONTRIBUTIONS AS ROTH CONTRIBUTIONS.
(a) In General.--Section 402A(a) is amended by redesignating
paragraph (2) as paragraph (4), by striking ``and'' at the end of
paragraph (1), and by inserting after paragraph (1) the following new
paragraphs:
``(2) any designated Roth contribution which pursuant to
the program is made by the employer on the employee's behalf on
account of the employee's contribution, elective deferral, or
(subject to the requirements of section 401(m)(13)) qualified
student loan payment shall be treated as a matching
contribution for purposes of this chapter, except that such
contribution shall not be excludable from gross income,
``(3) any designated Roth contribution which pursuant to
the program is made by the employer on the employee's behalf
and which is a nonelective contribution shall be nonforfeitable
and shall not be excludable from gross income, and''.
(b) Matching Included in Qualified Roth Contribution Program.--
Section 402A(b)(1) is amended--
(1) by inserting ``, or to have made on the employee's
behalf,'' after ``elect to make'', and
(2) by inserting ``, or of matching contributions or
nonelective contributions which may otherwise be made on the
employee's behalf,'' after ``otherwise eligible to make''.
(c) Designated Roth Matching Contributions.--Section 402A(c)(1) is
amended by inserting ``, matching contribution, or nonelective
contribution'' after ``elective deferral''.
(d) Matching Contribution Defined.--Section 402A(f), as
redesignated by this Act, is amended by adding at the end the
following:
``(3) Matching contribution.--The term `matching
contribution' means--
``(A) any matching contribution described in
section 401(m)(4)(A), and
``(B) any contribution to an eligible deferred
compensation plan (as defined in section 457(b)) by an
eligible employer described in section 457(e)(1)(A) on
behalf of an employee and on account of such employee's
elective deferral under such plan,
but only if such contribution is nonforfeitable at the time
received.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 605. CHARITABLE CONSERVATION EASEMENTS.
(a) Limitation on Deduction.--
(1) In general.--Section 170(h) is amended by adding at the
end the following new paragraph:
``(7) Limitation on deduction for qualified conservation
contributions made by pass-through entities.--
``(A) In general.--A contribution by a partnership
(whether directly or as a distributive share of a
contribution of another partnership) shall not be
treated as a qualified conservation contribution for
purposes of this section if the amount of such
contribution exceeds 2.5 times the sum of each
partner's relevant basis in such partnership.
``(B) Relevant basis.--For purposes of this
paragraph--
``(i) In general.--The term `relevant
basis' means, with respect to any partner, the
portion of such partner's modified basis in the
partnership which is allocable (under rules
similar to the rules of section 755) to the
portion of the real property with respect to
which the contribution described in
subparagraph (A) is made.
``(ii) Modified basis.--The term `modified
basis' means, with respect to any partner, such
partner's adjusted basis in the partnership as
determined--
``(I) immediately before the
contribution described in subparagraph
(A),
``(II) without regard to section
752, and
``(III) by the partnership after
taking into account the adjustments
described in subclauses (I) and (II)
and such other adjustments as the
Secretary may provide.
``(C) Exception for contributions outside 3-year
holding period.--Subparagraph (A) shall not apply to
any contribution which is made at least 3 years after
the latest of--
``(i) the last date on which the
partnership that made such contribution
acquired any portion of the real property with
respect to which such contribution is made,
``(ii) the last date on which any partner
in the partnership that made such contribution
acquired any interest in such partnership, and
``(iii) if the interest in the partnership
that made such contribution is held through 1
or more partnerships--
``(I) the last date on which any
such partnership acquired any interest
in any other such partnership, and
``(II) the last date on which any
partner in any such partnership
acquired any interest in such
partnership.
``(D) Exception for family partnerships.--
``(i) In general.--Subparagraph (A) shall
not apply with respect to any contribution made
by any partnership if substantially all of the
partnership interests in such partnership are
held, directly or indirectly, by an individual
and members of the family of such individual.
``(ii) Members of the family.--For purposes
of this subparagraph, the term `members of the
family' means, with respect to any individual--
``(I) the spouse of such
individual, and
``(II) any individual who bears a
relationship to such individual which
is described in subparagraphs (A)
through (G) of section 152(d)(2).
``(E) Exception for contributions to preserve
certified historic structures.--Subparagraph (A) shall
not apply to any qualified conservation contribution
the conservation purpose of which is the preservation
of any building which is a certified historic structure
(as defined in paragraph (4)(C)).
``(F) Application to other pass-through entities.--
Except as may be otherwise provided by the Secretary,
the rules of this paragraph shall apply to S
corporations and other pass-through entities in the
same manner as such rules apply to partnerships.
``(G) Regulations.--The Secretary shall prescribe
such regulations or other guidance as may be necessary
or appropriate to carry out the purposes of this
paragraph, including regulations or other guidance--
``(i) to require reporting, including
reporting related to tiered partnerships and
the modified basis of partners, and
``(ii) to prevent the avoidance of the
purposes of this paragraph.''.
(2) Application of accuracy-related penalties.--
(A) In general.--Section 6662(b) is amended by
inserting after paragraph (9) the following new
paragraph:
``(10) Any disallowance of a deduction by reason of section
170(h)(7).''.
(B) Treatment as gross valuation misstatement.--
Section 6662(h)(2) is amended by striking ``and'' at
the end of subparagraph (B), by striking the period at
the end of subparagraph (C) and inserting ``, and'',
and by adding at the end the following new
subparagraph:
``(D) any disallowance of a deduction described in
subsection (b)(10).''.
(C) No reasonable cause exception.--Section
6664(c)(2) is amended by inserting ``or to any
disallowance of a deduction described in section
6662(b)(10)'' before the period at the end.
(D) Approval of assessment not required.--Section
6751(b)(2)(A) is amended by striking ``subsection
(b)(9)'' and inserting ``paragraph (9) or (10) of
subsection (b)''.
(3) Extension of statute of limitations for listed
transactions.--Any contribution with respect to which any
deduction was disallowed by reason of section 170(h)(7) of the
Internal Revenue Code of 1986 (as added by this subsection)
shall be treated for purposes of sections 6501(c)(10) and
6235(c)(6) of such Code as a transaction specifically
identified by the Secretary as a tax avoidance transaction for
purposes of section 6011 of such Code.
(b) Reporting Requirements.--Section 170(f) is amended by adding at
the end the following new paragraph:
``(19) Certain qualified conservation contributions.--
``(A) In general.--In the case of a qualified
conservation contribution to which this paragraph
applies, no deduction shall be allowed under subsection
(a) for such contribution unless the partnership making
such contribution--
``(i) includes on its return for the
taxable year in which the contribution is made
a statement that the partnership made such a
contribution, and
``(ii) provides such information about the
contribution as the Secretary may require.
``(B) Contributions to which this paragraph
applies.--This paragraph shall apply to any qualified
conservation contribution--
``(i) the conservation purpose of which is
the preservation of any building which is a
certified historic structure (as defined in
subsection (h)(4)(C)),
``(ii) which is made by a partnership
(whether directly or as a distributive share of
a contribution of another partnership), and
``(iii) the amount of which exceeds 2.5
times the sum of each partner's relevant basis
(as defined in subsection (h)(7)) in the
partnership making the contribution.
``(C) Application to other pass-through entities.--
Except as may be otherwise provided by the Secretary,
the rules of this paragraph shall apply to S
corporations and other pass-through entities in the
same manner as such rules apply to partnerships.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to contributions made after the date of the enactment of
this Act.
(2) No inference.--No inference is intended as to the
appropriate treatment of contributions made in taxable years
ending on or before the date specified in paragraph (1), or as
to any contribution for which a deduction is not disallowed by
reason of section 170(h)(7) of the Internal Revenue Code of
1986, as added by this section.
(d) Safe Harbors and Opportunity for Donor to Correct Certain Deed
Errors.--
(1) In general.--The Secretary of the Treasury (or such
Secretary's delegate) shall, within 120 days after the date of
the enactment of this Act, publish safe harbor deed language
for extinguishment clauses and boundary line adjustments.
(2) Opportunity to correct.--
(A) In general.--During the 90-day period beginning
on the date of publication of the safe harbor deed
language under paragraph (1), a donor may amend an
easement deed to substitute the safe harbor language
for the corresponding language in the original deed
if--
(i) the amended deed is signed by the donor
and donee and recorded within such 90-day
period, and
(ii) such amendment is treated as effective
as of the date of the recording of the original
easement deed.
(B) Exceptions.--Subparagraph (A) shall not apply
to an easement deed relating to any contribution--
(i) which--
(I) is part of a reportable
transaction (as defined in section
6707A(c)(1) of the Internal Revenue
Code of 1986), or
(II) is described in Internal
Revenue Service Notice 2017-10,
(ii) which by reason of section 170(h)(7)
of such Code, as added by this section, is not
treated as a qualified conservation
contribution,
(iii) if a deduction for such contribution
under section 170 of such Code has been
disallowed by the Secretary of the Treasury (or
such Secretary's delegate), and the donor is
contesting such disallowance in a case which is
docketed in a Federal court on a date before
the date the amended deed is recorded by the
donor, or
(iv) if a claimed deduction for such
contribution under section 170 of such Code
resulted in an underpayment to which a penalty
under section 6662 or 6663 of such Code applies
and--
(I) such penalty has been finally
determined administratively, or
(II) if such penalty is challenged
in court, the judicial proceeding with
respect to such penalty has been
concluded by a decision or judgment
which has become final.
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) Extension of transfers of excess pension assets to
retiree health accounts.--Paragraph (4) of section 420(b) is
amended by striking ``December 31, 2025'' and inserting
``December 31, 2032''.
(2) De minimis transfer rule.--
(A) In general.--Subsection (e) of section 420 is
amended by adding at the end the following new
paragraph:
``(7) Special rule for de minimis transfers.--
``(A) In general.--In the case of a transfer of an
amount which is not more than 1.75 percent of the
amount determined under paragraph (2)(A) by a plan
which meets the requirements of subparagraph (B),
paragraph (2)(B) shall be applied by substituting `110
percent' for `125 percent'.
``(B) Two-year lookback requirement.--A plan is
described in this subparagraph if, as of any valuation
date in each of the 2 plan years immediately preceding
the plan year in which the transfer occurs, the amount
determined under paragraph (2)(A) exceeded 110 percent
of the sum of the funding target and the target normal
cost determined under section 430 for each such plan
year.''.
(B) Cost maintenance period.--Subparagraph (D) of
section 420(c)(3) is amended by striking ``5 taxable
years'' and inserting ``5 taxable years (7 taxable
years in the case of a transfer to which subsection
(e)(7) applies)''.
(C) Conforming amendments.--
(i) Excess pension assets.--Clause (i) of
section 420(f)(2)(B) is amended--
(I) by striking ``In general.--In''
and inserting ``In general.--
``(I) Determination.--In'',
(II) by striking ``subsection
(e)(2)'' and inserting ``subsection
(e)(2)(B)'', and
(III) by adding at the end the
following new subclause:
``(II) Special rule for
collectively bargained transfers.--In
determining excess pension assets for
purposes of a collectively bargained
transfer, subsection (e)(7) shall not
apply.''.
(ii) Minimum cost.--Subclause (I) of
section 420(f)(2)(D)(i) is amended by striking
``4th year'' and inserting ``4th year (the 6th
year in the case of a transfer to which
subsection (e)(7) applies)''.
(b) Extension of Transfers of Excess Pension Assets to Retiree
Health Accounts Under Employee Retirement Income Security Act of
1974.--
(1) Definitions.--Section 101(e)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3))
is amended by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(2) Use of assets.--Section 403(c)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1))
is amended by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(3) Exemption.--Section 408(b)(13) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(13))
is amended--
(A) by striking ``January 1, 2026'' and inserting
``January 1, 2033''; and
(B) by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans
Health Care Choice Improvement Act of 2015)'' and
inserting ``(as in effect on the date of enactment of
the SECURE 2.0 Act of 2022)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
TITLE VII--TAX COURT RETIREMENT PROVISIONS
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
(a) Thrift Savings Plan Contributions for Judges in the Federal
Employees Retirement System.--
(1) In general.--Subsection (j)(3)(B) of section 7447 is
amended to read as follows:
``(B) Contributions for benefit of judge.--No
contributions under section 8432(c) of title 5, United
States Code, shall be made for the benefit of a judge
who has filed an election to receive retired pay under
subsection (e).''.
(2) Offset.--Paragraph (3) of section 7447(j) is amended by
adding at the end the following new subparagraph:
``(F) Offset.--In the case of a judge who receives
a distribution from the Thrift Savings Plan and who
later receives retired pay under subsection (d), the
retired pay shall be offset by an amount equal to the
amount of the distribution which represents the
Government's contribution to the individual's Thrift
Savings Account during years of service as a full-time
judicial officer under the Federal Employees Retirement
System, without regard to earnings attributable to such
amount. Where such an offset would exceed 50 percent of
the retired pay to be received in the first year, the
offset may be divided equally over the first 2 years in
which the individual receives the annuity.''.
(3) Effective date.--The amendments made by this subsection
shall apply to basic pay earned while serving as a judge of the
United States Tax Court on or after the date of the enactment
of this Act.
(b) Change in Vesting Period for Survivor Annuities and Waiver of
Vesting Period in the Event of Assassination.--
(1) Eligibility in case of death.--Subsection (h) of
section 7448 is amended to read as follows:
``(h) Entitlement to Annuity.--
``(1) In general.--
``(A) Annuity to surviving spouse.--If a judge or
special trial judge described in paragraph (2) is
survived by a surviving spouse but not by a dependent
child, there shall be paid to such surviving spouse an
annuity beginning with the day of the death of the
judge or special trial judge or following the surviving
spouse's attainment of age 50, whichever is the later,
in an amount computed as provided in subsection (m).
``(B) Annuity to surviving spouse and child.--If a
judge or special trial judge described in paragraph (2)
is survived by a surviving spouse and dependent child
or children, there shall be paid to such surviving
spouse an annuity, beginning on the day of the death of
the judge or special trial judge, in an amount computed
as provided in subsection (m), and there shall also be
paid to or on behalf of each such child an immediate
annuity equal to the lesser of--
``(i) 10 percent of the average annual
salary of such judge or special trial judge
(determined in accordance with subsection (m)),
or
``(ii) 20 percent of such average annual
salary, divided by the number of such children.
``(C) Annuity to surviving dependent children.--If
a judge or special trial judge described in paragraph
(2) leaves no surviving spouse but leaves a surviving
dependent child or children, there shall be paid to or
on behalf of each such child an immediate annuity equal
to the lesser of--
``(i) 20 percent of the average annual
salary of such judge or special trial judge
(determined in accordance with subsection (m)),
or
``(ii) 40 percent of such average annual
salary divided by the number of such children.
``(2) Covered judges.--Paragraph (1) applies to any judge
or special trial judge electing under subsection (b)--
``(A) who dies while a judge or special trial judge
after having rendered at least 18 months of civilian
service computed as prescribed in subsection (n), for
the last 18 months of which the salary deductions
provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made or
the salary deductions required by the civil service
retirement laws have actually been made, or
``(B) who dies by assassination after having
rendered less than 18 months of civilian service
computed as prescribed in subsection (n) if, for the
period of such service, the salary deductions provided
for by subsection (c)(1) or the deposits required by
subsection (d) have actually been made.
``(3) Termination of annuity.--
``(A) Surviving spouse.--The annuity payable to a
surviving spouse under this subsection shall be
terminable upon such surviving spouse's death or such
surviving spouse's remarriage before attaining age 55.
``(B) Surviving child.--Any annuity payable to a
child under this subsection shall be terminable upon
the earliest of--
``(i) the child's attainment of age 18,
``(ii) the child's marriage, or
``(iii) the child's death,
except that if such child is incapable of self-support
by reason of mental or physical disability the child's
annuity shall be terminable only upon death, marriage,
or recovery from such disability.
``(C) Dependent child after death of surviving
spouse.--In case of the death of a surviving spouse of
a judge or special trial judge leaving a dependent
child or children of the judge or special trial judge
surviving such spouse, the annuity of such child or
children shall be recomputed and paid as provided in
paragraph (1)(C).
``(D) Recomputation with respect to other dependent
children.--In any case in which the annuity of a
dependent child is terminated under this subsection,
the annuities of any remaining dependent child or
children based upon the service of the same judge or
special trial judge shall be recomputed and paid as
though the child whose annuity was so terminated had
not survived such judge.
``(E) Special rule for assassinated judges.--In the
case of a survivor of a judge or special trial judge
described in paragraph (2)(B), there shall be deducted
from the annuities otherwise payable under this section
an amount equal to the amount of salary deductions that
would have been made if such deductions had been made
for 18 months prior to the death of the judge or
special trial judge.''.
(2) Definition of assassination.--Section 7448(a) is
amended by adding at the end the following new paragraph:
``(10) The terms `assassinated' and `assassination' mean
the killing of a judge or special trial judge that is motivated
by the performance by the judge or special trial judge of his
or her official duties.''.
(3) Determination of assassination.--Subsection (i) of
section 7448 is amended--
(A) by striking ``of Dependency and Disability.--
Questions'' and inserting ``by Chief Judge.--
``(1) Dependency and disability.--Questions'', and
(B) by adding at the end the following new
paragraph:
``(2) Assassination.--The chief judge shall determine
whether the killing of a judge or special trial judge was an
assassination, subject to review only by the Tax Court. The
head of any Federal agency that investigates the killing of a
judge or special trial judge shall provide to the chief judge
any information that would assist the chief judge in making
such a determination.''.
(4) Computation of annuities.--Section 7448(m) is amended
to read as follows:
``(m) Computation of Annuities.--The annuity of the surviving
spouse of a judge or special trial judge electing under subsection (b)
shall be an amount equal to the sum of--
``(1) the product of--
``(A) 1.5 percent of the average annual salary
(whether judge's or special trial judge's salary or
compensation for other allowable service) received by
such judge or special trial judge--
``(i) for judicial service (including
periods in which he received retired pay under
section 7447(d), section 7447A(d), or any
annuity under chapter 83 or 84 of title 5,
United States Code) or for any other prior
allowable service during the period of 3
consecutive years in which such judge or
special trial judge received the largest such
average annual salary, or
``(ii) in the case of a judge or special
trial judge who has served less than 3 years,
during the total period of such service prior
to such judge's or special trial judge's death,
multiplied by the sum of, multiplied by
``(B) the sum of--
``(i) the judge's or special trial judge's
years of such judicial service,
``(ii) the judge's or special trial judge's
years of prior allowable service as a Senator,
Representative, Delegate, or Resident
Commissioner in Congress,
``(iii) the judge's or special trial
judge's years of prior allowable service
performed as a member of the Armed Forces of
the United States, and
``(iv) the judge's or special trial judge's
years, not exceeding 15, of prior allowable
service performed as a congressional employee
(as defined in section 2107 of title 5 of the
United States Code), plus
``(2) three-fourths of 1 percent of such average annual
salary multiplied by the judge's years of any other prior
allowable service,
except that such annuity shall not exceed an amount equal to 50 percent
of such average annual salary, nor be less than an amount equal to 25
percent of such average annual salary, and shall be further reduced in
accordance with subsection (d) (if applicable). In determining the
period of 3 consecutive years referred to in the preceding sentence,
there may not be taken into account any period for which an election
under section 7447(f)(4) is in effect.''.
(5) Other benefits.--Section 7448 is amended by adding at
the end the following new subsection:
``(u) Other Benefits in Case of Assassination.--In the case of a
judge or special trial judge who is assassinated, an annuity shall be
paid under this section notwithstanding a survivor's eligibility for or
receipt of benefits under chapter 81 of title 5, United States Code,
except that the annuity for which a surviving spouse is eligible under
this section shall be reduced to the extent that the total benefits
paid under this section and chapter 81 of that title for any year would
exceed the current salary for that year of the office of the judge or
special trial judge.''.
(c) Coordination of Retirement and Survivor Annuity With the
Federal Employees Retirement System.--
(1) Retirement.--Section 7447 is amended--
(A) by striking ``section 8331(8)'' in subsection
(g)(2)(C) and inserting ``sections 8331(8) and
8401(19)'', and
(B) by striking ``Civil Service Commission'' both
places it appears in subsection (i)(2) and inserting
``Office of Personnel Management''.
(2) Annuities to surviving spouses and dependent
children.--Section 7448 is amended--
(A) by striking ``section 8332'' in subsection (d)
and inserting ``sections 8332 and 8411'', and
(B) by striking ``section 8332'' in subsection (n)
and inserting ``sections 8332 and 8411''.
(d) Limit on Teaching Compensation of Retired Judges.--
(1) In general.--Section 7447 is amended by adding at the
end the following new subsection:
``(k) Teaching Compensation of Retired Judges.--For purposes of the
limitation under section 501(a) of the Ethics in Government Act of 1978
(5 U.S.C. App.), any compensation for teaching approved under section
502(a)(5) of such Act shall not be treated as outside earned income
when received by a judge of the United States Tax Court who has retired
under subsection (b) for teaching performed during any calendar year
for which such a judge has met the requirements of subsection (c), as
certified by the chief judge, or has retired under subsection
(b)(4).''.
(2) Effective date.--The amendment made by this subsection
shall apply to any individual serving as a retired judge of the
United States Tax Court on or after the date of the enactment
of this Act.
(e) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect on the date of the enactment of
this Act.
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE TAX COURT.
(a) Retirement and Recall for Special Trial Judges.--Part I of
subchapter C of chapter 76 is amended by inserting after section 7447
the following new section:
``SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES.
``(a) In General.--
``(1) Retirement.--Any special trial judge appointed
pursuant to section 7443A may retire from service as a special
trial judge if the individual meets the age and service
requirements set forth in the following table:
------------------------------------------------------------------------
And the years of service as a
``If the special trial judge has attained special trial judge are at
age: least:
------------------------------------------------------------------------
65 15
66 14
67 13
68 12
69 11
70 10.
------------------------------------------------------------------------
``(2) Length of service.--In making any determination of
length of service as a special trial judge there shall be
included all periods (whether or not consecutive) during which
an individual served as a special trial judge
``(b) Retirement Upon Disability.--Any special trial judge
appointed pursuant to section 7443A who becomes permanently disabled
from performing such individual's duties shall retire from service as a
special trial judge.
``(c) Recalling of Retired Special Trial Judges.--Any individual
who has retired pursuant to subsection (a) may be called upon by the
chief judge to perform such judicial duties with the Tax Court as may
be requested of such individual for a period or periods specified by
the chief judge, except that in the case of any such individual--
``(1) the aggregate of such periods in any 1 calendar year
shall not (without the consent of such individual) exceed 90
calendar days, and
``(2) such individual shall be relieved of performing such
duties during any period in which illness or disability
precludes the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties
pursuant to this subsection shall have the same force and effect as if
it were the act (or failure to act) of a special trial judge. Any
individual who is performing judicial duties pursuant to this
subsection shall be paid the same compensation (in lieu of retired pay)
and allowances for travel and other expenses as a special trial judge.
``(d) Retired Pay.--
``(1) In general.--Any individual who retires pursuant to
subsection (a) and elects under subsection (e) to receive
retired pay under this subsection shall receive retired pay
during any period of retirement from service as a special trial
judge at a rate which bears the same ratio to the rate of the
salary payable to a special trial judge during such period as--
``(A) the number of years such individual has
served as special trial judge bears to,
``(B) 15,
except that the rate of such retired pay shall not be more than
the rate of such salary for such period.
``(2) Retirement upon disability.--Any individual who
retires pursuant to subsection (b) and elects under subsection
(e) to receive retired pay under this subsection shall receive
retired pay during any period of retirement from service as a
special trial judge--
``(A) at a rate equal to the rate of the salary
payable to a special trial judge during such period, if
the individual had at least 10 years of service as a
special trial judge before retirement, and
``(B) at a rate equal to \1/2\ the rate described
in subparagraph (A), if the individual had fewer than
10 years of service as a special trial judge before
retirement.
``(3) Beginning date and payment.--Retired pay under this
subsection shall begin to accrue on the day following the date
on which the individual's salary as a special trial judge
ceases to accrue, and shall continue to accrue during the
remainder of such individual's life. Retired pay under this
subsection shall be paid in the same manner as the salary of a
special trial judge.
``(4) Partial years.--In computing the rate of the retired
pay for an individual to whom paragraph (1) applies, any
portion of the aggregate number of years such individual has
served as a special trial judge which is a fractional part of 1
year shall be eliminated if it is less than 6 months, or shall
be counted as a full year if it is 6 months or more.
``(5) Recalled service.--In computing the rate of the
retired pay for an individual to whom paragraph (1) applies,
any period during which such individual performs services under
subsection (c) on a substantially full-time basis shall be
treated as a period during which such individual has served as
a special trial judge.
``(e) Election to Receive Retired Pay.--Any special trial judge may
elect to receive retired pay under subsection (d). Such an election--
``(1) may be made only while an individual is a special
trial judge (except that in the case of an individual who fails
to be reappointed as a special trial judge, such election may
be made within 60 days after such individual leaves office as a
special trial judge),
``(2) once made, shall be irrevocable, and
``(3) shall be made by filing notice thereof in writing
with the chief judge.
The chief judge shall transmit to the Office of Personnel Management a
copy of each notice filed with the chief judge under this subsection.
``(f) Other Rules Made Applicable.--The rules of subsections (f),
(g), (h)(2), (i), and (j), and the first sentence of subsection (h)(1),
of section 7447 shall apply to a special trial judge in the same manner
as a judge of the Tax Court. For purposes of the preceding sentence,
any reference to the President in such subsections shall be applied as
if it were a reference to the chief judge.''.
(b) Conforming Amendments.--
(1) Section 3121(b)(5)(E) is amended by inserting ``or
special trial judge'' before ``of the United States Tax
Court''.
(2) Section 7448(b)(2) is amended to read as follows:
``(2) Special trial judges.--Any special trial judge may by
written election filed with the chief judge elect the
application of this section. Such election shall be filed while
such individual is a special trial judge.''.
(3) Section 210(a)(5)(E) of the Social Security Act (42
U.S.C. 410(a)(5)(E)) is amended by inserting ``or special trial
judge'' before ``of the United States Tax Court''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter C of chapter 76 is amended by inserting after the item
relating to section 7447 the following new item:
``Sec. 7447A. Retirement for special trial judges.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that section
7447A(e) of the Internal Revenue Code of 1986 (as added by this
section) shall take effect on the date that is 180 days after such date
of enactment. Special trial judges retiring on or after the date of the
enactment of this Act, and before the date that is 180 days after the
date of such enactment, may file an election under such section not
later than 60 days after such date.
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Joseph
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and
Health Care Improvement Act of 2022''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
Sec. 101. Expansion of eligibility for hospital care, medical services,
and nursing home care from the Department
of Veterans Affairs to include veterans of
World War II.
Sec. 102. Department of Veterans Affairs treatment and research of
prostate cancer.
Subtitle B--Health Care Employees
Sec. 111. Third party review of appointees in Veterans Health
Administration who had a license terminated
for cause and notice to individuals treated
by those appointees if determined that an
episode of care or services that they
received was below the standard of care.
Sec. 112. Compliance with requirements for examining qualifications and
clinical abilities of health care
professionals of Department of Veterans
Affairs.
Subtitle C--Care From Non-Department of Veterans Affairs Providers
Chapter 1--Wait Times for Care
Sec. 121. Calculation of wait time for purposes of eligibility under
Veterans Community Care Program.
Sec. 122. Plan regarding informing veterans of expected wait times for
appointments for care.
Chapter 2--Improvement of Provision of Care
Sec. 125. Modifications to access standards for care furnished through
Community Care Program of Department of
Veterans Affairs.
Sec. 126. Strategic plan to ensure continuity of care in the case of
the realignment of a medical facility of
the Department.
Chapter 3--Community Care Self-scheduling Pilot Program
Sec. 131. Definitions.
Sec. 132. Pilot program establishing community care appointment self-
scheduling technology.
Sec. 133. Appointment self-scheduling capabilities.
Sec. 134. Report.
Chapter 4--Administration of Non-Department Care
Sec. 141. Credentialing verification requirements for providers of non-
Department of Veterans Affairs health care
services.
Sec. 142. Claims for payment from Department of Veterans Affairs for
emergency treatment furnished to veterans.
Sec. 143. Publication of clarifying information for non-Department of
Veterans Affairs providers.
Sec. 144. Inapplicability of certain providers to provide non-
Department of Veterans Affairs care.
Subtitle D--Improvement of Rural Health and Telehealth
Sec. 151. Establishment of strategic plan requirement for Office of
Connected Care of Department of Veterans
Affairs.
Sec. 152. Comptroller General report on transportation services by
third parties for rural veterans.
Sec. 153. Comptroller General report on telehealth services of the
Department of Veterans Affairs.
Subtitle E--Care for Aging Veterans
Sec. 161. Strategy for long-term care for aging veterans.
Sec. 162. Improvement of State veterans homes.
Sec. 163. Geriatric psychiatry pilot program at State veterans homes.
Sec. 164. Support for aging veterans at risk of or experiencing
homelessness.
Sec. 165. Secretary of Veterans Affairs contract authority for payment
of care for veterans in non-Department of
Veterans Affairs medical foster homes.
Subtitle F--Foreign Medical Program
Sec. 171. Analysis of feasibility and advisability of expanding
assistance and support to caregivers to
include caregivers of veterans in the
Republic of the Philippines.
Sec. 172. Comptroller General report on Foreign Medical Program of
Department of Veterans Affairs.
Subtitle G--Research Matters
Sec. 181. Inapplicability of Paperwork Reduction Act.
Sec. 182. Research and Development.
Sec. 183. Expansion of hiring authorities for certain classes of
research occupations.
Sec. 184. Comptroller General study on dedicated research time for
certain personnel of the Department of
Veterans Affairs.
Subtitle H--Mental Health Care
Sec. 191. Analysis of feasibility and advisability of Department of
Veterans Affairs providing evidence-based
treatments for the diagnosis of treatment-
resistant depression.
Sec. 192. Modification of resource allocation system to include peer
specialists.
Sec. 193. Gap analysis of psychotherapeutic interventions of the
Department of Veterans Affairs.
Sec. 193A. Prohibition on collection of copayments for first three
mental health care outpatient visits of
veterans.
Subtitle I--Other Matters
Sec. 194. Requirement for ongoing independent assessments of health
care delivery systems and management
processes of the Department of Veterans
Affairs.
Sec. 195. Improved transparency of, access to, and usability of data
provided by Department of Veterans Affairs.
TITLE II--BENEFITS MATTERS
Subtitle A--Benefits Generally
Sec. 201. Improvements to process of the Department of Veterans Affairs
for clothing allowance claims.
Sec. 202. Medical opinions for certain veterans with service-connected
disabilities who die of COVID-19.
Sec. 203. Enhanced loan underwriting methods.
Sec. 204. Department of Veterans Affairs loan fees.
Subtitle B--Education
Sec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot
Program.
Sec. 212. Education for separating members of the Armed Forces
regarding registered apprenticeships.
Sec. 213. Websites regarding apprenticeship programs.
Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance
Program of Department of Veterans Affairs.
Sec. 215. Use of entitlement under Department of Veterans Affairs
Survivors' and Dependents' Educational
Assistance Program for secondary school
education.
Sec. 216. Establishment of protections for a member of the Armed Forces
who leaves a course of education, paid for
with certain educational assistance, to
perform certain service.
Subtitle C--GI Bill National Emergency Extended Deadline Act
Sec. 231. Short title.
Sec. 232. Extension of time limitation for use of entitlement under
Department of Veterans Affairs educational
assistance programs by reason of school
closures due to emergency and other
situations.
Sec. 233. Extension of period of eligibility by reason of school
closures due to emergency and other
situations under Department of Veterans
Affairs training and rehabilitation program
for veterans with service-connected
disabilities.
Sec. 234. Period for eligibility under Survivors' And Dependents'
Educational Assistance Program of
Department of Veterans Affairs.
Subtitle D--Rural Veterans Travel Enhancement
Sec. 241. Comptroller General of the United States report on fraud,
waste, and abuse of the Department of
Veterans Affairs beneficiary travel
program.
Sec. 242. Comptroller General study and report on effectiveness of
Department of Veterans Affairs beneficiary
travel program mileage reimbursement and
deductible amounts.
Sec. 243. Department of Veterans Affairs transportation pilot program
for low income veterans.
Sec. 244. Pilot program for travel cost reimbursement for accessing
readjustment counseling services.
Subtitle E--VA Beneficiary Debt Collection Improvement Act
Sec. 251. Short title.
Sec. 252. Prohibition of debt arising from overpayment due to delay in
processing by the Department of Veterans
Affairs.
Sec. 253. Prohibition on Department of Veterans Affairs interest and
administrative cost charges for debts
relating to certain benefits programs.
Sec. 254. Extension of window to request relief from recovery of debt
arising under laws administered by the
Secretary of Veterans Affairs.
Sec. 255. Reforms relating to recovery by Department of Veterans
Affairs of amounts owed by individuals to
the United States.
TITLE III--HOMELESSNESS MATTERS
Sec. 301. Adjustments of grants awarded by the Secretary of Veterans
Affairs for comprehensive service programs
to serve homeless veterans.
Sec. 302. Modifications to program to improve retention of housing by
formerly homeless veterans and veterans at
risk of becoming homeless.
Sec. 303. Modifications to homeless veterans reintegration programs.
Sec. 304. Expansion and extension of Department of Veterans Affairs
housing assistance for homeless veterans.
Sec. 305. Training and technical assistance provided by Secretary of
Veterans Affairs to certain entities.
Sec. 306. Modification of eligibility requirements for entities
collaborating with the Secretary of
Veterans Affairs to provide case management
services to homeless veterans in the
Department of Housing and Urban
Development-Department of Veterans Affairs
supported housing program.
Sec. 307. Department of Veterans Affairs sharing of information
relating to coordinated entry processes for
housing and services operated under
Department of Housing and Urban Development
Continuum of Care Program.
Sec. 308. Department of Veterans Affairs communication with employees
responsible for homelessness assistance
programs.
Sec. 309. System for sharing and reporting data.
Sec. 310. Pilot program on grants for health care for homeless
veterans.
Sec. 311. Pilot program on award of grants for substance use disorder
recovery for homeless veterans.
Sec. 312. Report by Comptroller General of the United States on
affordable housing for veterans.
Sec. 313. Study on financial and credit counseling.
TITLE IV--OTHER MATTERS
Sec. 401. Department of Veterans Affairs supply chain resiliency.
Sec. 402. Improvements to equal employment opportunity functions of
Department of Veterans Affairs.
Sec. 403. Department of Veterans Affairs Information Technology Reform
Act of 2022.
Sec. 404. Report on information technology dashboard information.
Sec. 405. Improvements to transparency of law enforcement operations of
Department of Veterans Affairs.
Sec. 406. Plan for reduction of backlog of Freedom of Information Act
requests.
Sec. 407. Medal of Honor special pension technical correction.
Sec. 408. Imposition of cap on employees of the Department of Veterans
Affairs who provide equal employment
opportunity counseling.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL SERVICES,
AND NURSING HOME CARE FROM THE DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE VETERANS OF WORLD WAR II.
(a) In General.--Section 1710(a)(2)(E) of title 38, United States
Code, is amended by striking ``of the Mexican border period or of World
War I;'' and inserting ``of--
``(i) the Mexican border period;
``(ii) World War I; or
``(iii) World War II;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on March 31, 2023.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF
PROSTATE CANCER.
(a) Findings.--Congress makes the following findings:
(1) Prostate cancer is the number one cancer diagnosed in
the Veterans Health Administration.
(2) A 1996 report published by the National Academy of
Sciences, Engineering, and Medicine established a link between
prostate cancer and exposure to herbicides, such as Agent
Orange.
(3) It is essential to acknowledge that due to these
circumstances, certain veterans are made aware that they are
high-risk individuals when it comes to the potential to develop
prostate cancer.
(4) In being designated as ``high risk'', it is essential
that veterans are proactive in seeking earlier preventative
clinical services for the early detection and successful
treatment of prostate cancer, whether that be through the
Veterans Health Administration or through a community provider.
(5) Clinical preventative services and initial detection
are some of the most important components in the early
detection of prostate cancer for veterans at high risk of
prostate cancer.
(6) For veterans with prostate cancer, including prostate
cancer that has metastasized, precision oncology, including
biomarker-driven clinical trials and innovations underway
through the Prostate Cancer Foundation and Department of
Veterans Affairs partnership, represents one of the most
promising areas of interventions, treatments, and cures for
such veterans and their families.
(b) Establishment of Clinical Pathway.--
(1) In general.--Not later than 365 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish an interdisciplinary clinical pathway for all
stages of prostate cancer, from early detection to end of life
care. The clinical pathway shall be established in the National
Surgery Office of the Department of Veterans Affairs in close
collaboration with the National Program Office of Oncology, the
Office of Research and Development, and other relevant entities
of the Department, including Primary Care.
(2) Elements.--The national clinical pathway established
under this subsection shall include the following elements:
(A) A diagnosis pathway for prostate cancer that
includes early screening and diagnosis protocol,
including screening recommendations for veterans with
evidence-based risk factors.
(B) A treatment pathway that details the respective
roles of each office of the Department that will
interact with veterans receiving prostate cancer care,
including treatment protocol recommendations for
veterans with evidence-based risk factors.
(C) Treatment recommendations for all stages of
prostate cancer that reflect nationally recognized
standards for oncology, including National
Comprehensive Cancer Network guidelines. xt>
(D) A suggested protocol timeframe for each point
of care, from early screening to treatment and end-of-
life care, based on severity and stage of cancer.
(E) A plan that includes, as appropriate, both
Department medical facilities and community-based
partners and providers and research centers
specializing in prostate cancer, especially such
centers that have entered into partnerships with the
Department.
(3) Collaboration and coordination.--In establishing the
clinical pathway required under this section, the Secretary may
collaborate and coordinate with--
(A) the National Institutes of Health;
(B) the National Cancer Institute;
(C) the National Institute on Minority Health and
Health Disparities;
(D) the Centers for Disease Control and Prevention;
(E) the Centers for Medicare and Medicaid Services;
(F) the Patient-Centered Outcomes Research
Institute;
(G) the Food and Drug Administration;
(H) the Department of Defense; and
(I) other Institutes and Centers as the Secretary
determines necessary.
(4) Consultation requirement.--In establishing the clinical
pathway required under this section, the Secretary shall
consult with, and incorporate feedback from, veterans who have
received prostate cancer care at Department medical facilities
as well as experts in multi-disciplinary cancer care and
clinical research.
(5) Publication.--The Secretary shall--
(A) publish the clinical pathway established under
this subsection on a publicly available Department
website; and
(B) update the clinical pathway as needed by review
of the medical literature and available evidence-based
guidelines at least annually, in accordance with the
criteria under paragraph (2).
(c) Development of Comprehensive Prostate Cancer Program and
Implementation of the Prostate Cancer Clinical Pathway.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
Congress a plan to establish a prostate cancer program using
the comprehensive prostate cancer clinical pathway developed
under subsection (b).
(2) Program requirements.--The comprehensive prostate
cancer program shall--
(A) receive direct oversight from the Deputy
Undersecretary for Health of the Department of Veterans
Affairs;
(B) include a yearly program implementation
evaluation to facilitate replication for other disease
states or in other healthcare institutions;
(C) be metric driven and include the development of
biannual reports on the quality of prostate cancer
care, which shall be provided to the leadership of the
Department, medical centers, and providers and made
publicly available in an electronic form; and
(D) include an education plan for patients and
providers.
(3) Program implementation evaluation.--The Secretary shall
establish a program evaluation tool to learn best practices and
to inform the Department and Congress regarding further use of
the disease specific model of care delivery.
(4) Prostate cancer research.--The Secretary shall submit
to Congress a plan that provides for continual funding through
the Office of Research and Development of the Department of
Veterans for supporting prostate cancer research designed to
position the Department as a national resource for prostate
cancer detection and treatment. Such plan shall--
(A) include details regarding the funding of and
coordination between the National Precision Oncology
Program of the Department and the PCF-VA Precision
Oncology Centers of Excellence as related to the
requirements of this Act; and
(B) affirm that no funding included in such funding
plan is duplicative in nature.
(d) Report on National Registry.--The Secretary of Veterans Affairs
shall submit to Congress a report on the barriers and challenges
associated with creating a national prostate cancer registry. Such
report shall include recommendations for centralizing data about
veterans with prostate cancer for the purpose of improving outcomes and
serving as a resource for providers.
(e) Definitions.--In this section:
(1) Clinical pathway.--The term ``clinical pathway'' means
a health care management tool designed around research and
evidence-backed practices that provides direction for the
clinical care and treatment of a specific episode of a
condition or ailment.
(2) Evidence-based risk factors.--The term ``evidence-based
risk factors'' includes race, ethnicity, socioeconomic status,
geographic location, exposure risks, genetic risks, including
family history, and such other factors as the Secretary
determines appropriate.
Subtitle B--Health Care Employees
SEC. 111. THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH
ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR CAUSE AND
NOTICE TO INDIVIDUALS TREATED BY THOSE APPOINTEES IF
DETERMINED THAT AN EPISODE OF CARE OR SERVICES THAT THEY
RECEIVED WAS BELOW THE STANDARD OF CARE.
(a) Third Party Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract or other agreement with an
organization that is not part of the Federal Government to
conduct a clinical review for quality management of hospital
care or medical services furnished by covered providers.
(2) Qualifications.--The Secretary shall ensure that each
review of a covered provider under this subsection is performed
by an individual who is licensed in the same specialty as the
covered provider.
(b) Notice to Patients Treated by Covered Providers.--With respect
to hospital care or medical services furnished by a covered provider
under the laws administered by the Secretary, if a clinical review for
quality management under subsection (a) determines that the standard of
care was not met during an episode of care, the Secretary shall notify
the individual who received such care or services from the covered
provider as described in applicable policy of the Veterans Heath
Administration.
(c) Definitions.--In this section:
(1) Covered provider.--The term ``covered provider'' means
an individual who--
(A) was appointed to the Veterans Health
Administration under section 7401 of title 38, United
States Code; and
(B) before such appointment, had a license
terminated for cause by a State licensing board for
hospital care or medical services provided in a
facility that is not a facility of the Veterans Health
Administration.
(2) Hospital care or medical services.--The terms
``hospital care'' and ``medical services'' have the meanings
given those terms in section 1701 of title 38, United States
Code.
SEC. 112. COMPLIANCE WITH REQUIREMENTS FOR EXAMINING QUALIFICATIONS AND
CLINICAL ABILITIES OF HEALTH CARE PROFESSIONALS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 74 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7414. Compliance with requirements for examining qualifications
and clinical abilities of health care professionals
``(a) Compliance With Credentialing Requirements.--The Secretary
shall ensure that each medical center of the Department, in a
consistent manner--
``(1) compiles, verifies, and reviews documentation for
each health care professional of the Department at such medical
center regarding, at a minimum--
``(A) the professional licensure, certification, or
registration of the health care professional;
``(B) whether the health care professional holds a
Drug Enforcement Administration registration; and
``(C) the education, training, experience,
malpractice history, and clinical competence of the
health care professional; and
``(2) continuously monitors any changes to the matters
under paragraph (1), including with respect to suspensions,
restrictions, limitations, probations, denials, revocations,
and other changes, relating to the failure of a health care
professional to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(b) Registration Regarding Controlled Substances.--(1) Except as
provided in paragraph (2), the Secretary shall ensure that each covered
health care professional holds an active Drug Enforcement
Administration registration.
``(2) The Secretary shall--
``(A) determine the circumstances in which a medical center
of the Department must obtain a waiver under section 302(d) of
the Controlled Substances Act (21 U.S.C. 822(d)) with respect
to covered health care professionals; and
``(B) establish a process for medical centers to request
such waivers.
``(3) In carrying out paragraph (1), the Secretary shall ensure
that each medical center of the Department monitors the Drug
Enforcement Administration registrations of covered health care
professionals at such medical center in a manner that ensures the
medical center is made aware of any change in status in the
registration by not later than seven days after such change in status.
``(4) If a covered health care professional does not hold an active
Drug Enforcement Administration registration, the Secretary shall carry
out any of the following actions, as the Secretary determines
appropriate:
``(A) Obtain a waiver pursuant to paragraph (2).
``(B) Transfer the health care professional to a position
that does not require prescribing, dispensing, administering,
or conducting research with controlled substances.
``(C) Take appropriate actions under subchapter V of this
chapter, with respect to an employee of the Department, or take
appropriate contract administration actions, with respect to a
contractor of the Department.
``(c) Reviews of Concerns Relating to Quality of Clinical Care.--
(1) The Secretary shall ensure that each medical center of the
Department, in a consistent manner, carries out--
``(A) ongoing, retrospective, and comprehensive monitoring
of the performance and quality of the health care delivered by
each health care professional of the Department located at the
medical center, including with respect to the safety of such
care; and
``(B) timely and documented reviews of such care if an
individual notifies the Secretary of any potential concerns
relating to a failure of a health care professional of the
Department to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(2) The Secretary shall establish a policy to carry out paragraph
(1), including with respect to--
``(A) determining the period by which a medical center of
the Department must initiate the review of a concern described
in subparagraph (B) of such paragraph following the date on
which the concern is received; and
``(B) ensuring the compliance of each medical center with
such policy.
``(d) Compliance With Requirements for Reporting Quality of Care
Concerns.--If the Secretary substantiates a concern relating to the
clinical competency of, or quality of care delivered by, a health care
professional of the Department (including a former health care
professional of the Department), the Secretary shall ensure that the
appropriate medical center of the Department timely notifies the
following entities of such concern, as appropriate:
``(1) The appropriate licensing, registration, or
certification body in each State in which the health care
professional is licensed, registered, or certified.
``(2) The Drug Enforcement Administration.
``(3) The National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11101 et seq.).
``(4) Any other relevant entity.
``(e) Prohibition on Certain Settlement Agreement Terms.--(1) The
Secretary may not enter into a settlement agreement relating to an
adverse action against a health care professional of the Department if
such agreement includes terms that require the Secretary to conceal
from the personnel file of the employee a serious medical error or
lapse in clinical practice that constitutes a substantial failure to
meet generally accepted standards of clinical practice as to raise
reasonable concern for the safety of patients.
``(2) Nothing in paragraph (1) limits--
``(A) the right of an employee to appeal a quality of care
determination; or
``(B) the rights of an employee under sections 1214 and
1221 of title 5.
``(f) Training.--Not less frequently than annually, the Secretary
shall provide mandatory training on the following duties to employees
of the Department who are responsible for performing such duties:
``(1) Compiling, validating, or reviewing the credentials
of health care professionals of the Department.
``(2) Reviewing the quality of clinical care delivered by
health care professionals of the Department.
``(3) Taking adverse privileging actions or making
determinations relating to other disciplinary actions or
employment actions against health care professionals of the
Department for reasons relating to the failure of a health care
professional to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(4) Making notifications under subsection (d).
``(g) Definitions.--In this section:
``(1) The term `controlled substance' has the meaning given
that term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
``(2) The term `covered health care professional' means an
individual employed in a position as a health care professional
of the Department, or a contractor of the Department, that
requires the individual to be authorized to prescribe,
dispense, administer, or conduct research with, controlled
substances.
``(3) The term `Drug Enforcement Administration
registration' means registration with the Drug Enforcement
Administration under section 303 of the Controlled Substances
Act (21 U.S.C. 823) 302 of the Controlled Substances Act (21
U.S.C. 822) by health care practitioners authorized to
dispense, prescribe, administer, or conduct research with,
controlled substances.
``(4) The term `health care professional of the Department'
means an individual working for the Department in a position
described in section 7401 of this title, including a contractor
of the Department serving in such a position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7413 the following new item:
``7414. Compliance with requirements for examining qualifications and
clinical abilities of health care
professionals.''.
(c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall commence the implementation of section 7414 of title 38, United
States Code, as added by subsection (a), by the following dates:
(1) With respect to subsections (a), (c)(2), (d), and (f)
of such section, not later than 180 days after the date of the
enactment of this Act.
(2) With respect to subsection (c)(1) of such section, not
later than one year after the date of the enactment of this
Act.
(3) With respect to subsection (b)(2) of such section, not
later than 18 months after the date of the enactment of this
Act.
(d) Audits and Reports.--
(1) Audits.--
(A) In general.--The Secretary of Veterans Affairs
shall carry out annual audits of the compliance of
medical centers of the Department of Veterans Affairs
with the matters required by section 7414 of title 38,
United States Code, as added by subsection (a).
(B) Conduct of audits.--In carrying out audits
under subparagraph (A), the Secretary--
(i) may not authorize the medical center
being audited to conduct the audit; and
(ii) may enter into an agreement with
another department or agency of the Federal
Government or a nongovernmental entity to
conduct such audits.
(2) Reports.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter for five years, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
audits conducted under paragraph (1).
(B) Elements.--Each report submitted under
subparagraph (A) shall include a summary of the
compliance by each medical center of the Department of
Veterans Affairs with the matters required by section
7414 of title 38, United States Code, as added by
subsection (a).
(C) Initial report.--The Secretary shall include in
the first report submitted under subparagraph (A) the
following:
(i) A description of the progress made by
the Secretary in implementing section 7414 of
title 38, United States Code, as added by
subsection (a), including any matters under
such section that the Secretary has not fully
implemented.
(ii) An analysis of the feasibility,
advisability, and cost of requiring
credentialing employees of the Department to be
trained by an outside entity and to maintain a
credentialing certification.
(e) Report on Updates to Policy of the Department of Veterans
Affairs for Reporting Patient Safety Concerns to Appropriate State and
Other Entities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the efforts of the Department of
Veterans Affairs to update policies and practices for employees
of medical centers of the Department, Veterans Integrated
Service Networks, and the Veterans Health Administration to
report to State licensing boards, the National Practitioner
Data Bank established pursuant to the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11101 et seq.), and any
other relevant entity health care professionals who are
employed by or separated from employment with the Department
and whose behavior and clinical practice so substantially
failed to meet generally accepted standards of clinical
practice as to raise reasonable concern for the safety of
patients.
(2) Consultation.--The report required by paragraph (1)
shall include a description of the efforts of the Department to
consult with--
(A) State licensing boards;
(B) the Centers for Medicare & Medicaid Services;
(C) the National Practitioner Data Bank; and
(D) the exclusive representative of employees of
the Department appointed under section 7401(1) of title
38, United States Code.
Subtitle C--Care From Non-Department of Veterans Affairs Providers
CHAPTER 1--WAIT TIMES FOR CARE
SEC. 121. CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY UNDER
VETERANS COMMUNITY CARE PROGRAM.
Section 1703(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In determining under paragraph (1)(D) whether the Department
is able to furnish care or services in a manner that complies with
designated access standards developed by the Secretary under section
1703B of this title, for purposes of calculating a wait time for a
veteran to schedule an appointment at a medical facility of the
Department, the Secretary shall measure from the date of request for
the appointment, unless a later date has been agreed to by the veteran
in consultation with a health care provider of the Department, to the
first next available appointment date relevant to the requested medical
service.''.
SEC. 122. PLAN REGARDING INFORMING VETERANS OF EXPECTED WAIT TIMES FOR
APPOINTMENTS FOR CARE.
(a) In General.--Not later than October 1, 2023, the Secretary of
Veterans Affairs shall develop a plan to ensure that veterans eligible
for care or services pursuant to section 1703(d)(1) of title 38, United
States Code, including veterans making their own appointments using
advanced technology, are informed of the expected number of days
between the date on which the veteran requested care until--
(1) the date on which the veteran will be able to receive
care through a non-Department of Veterans Affairs provider
under such section;
(2) the date on which the veteran will be able to receive
care through a provider of the Department;
(3) the date on which--
(A) the Department will schedule an appointment for
care through a non-Department provider under such
section; or
(B) for veterans making their own appointments
using advanced technology, the veteran would be able to
schedule an appointment for care through a provider of
the Department or through a non-Department provider
under such section;
(4) the date on which the Department will schedule an
appointment for care through a provider of the Department.
(b) Implementation.--The Secretary shall implement the plan
required under subsection (a) not later than three years after the date
of the enactment of this Act.
(c) Matters To Be Included.--The Secretary shall include in the
plan required under subsection (a) a list of the information technology
systems, contracting mechanisms, staff, legislative authorities, pilot
programs, and other components that the Secretary determines necessary
to implement the plan within the three-year implementation deadline
under subsection (b), as well as their associated milestones and
resource requirements.
(d) Updates.--Not less frequently than quarterly, the Secretary
shall brief the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives and
submit to those committees a report in writing regarding the status of
the implementation of the plan required under subsection (a), to
include an assessment of the progress of the Secretary in meeting the
three-year implementation deadline under subsection (b).
CHAPTER 2--IMPROVEMENT OF PROVISION OF CARE
SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED THROUGH
COMMUNITY CARE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Access Standards.--Section 1703B of title 38, United States
Code, is amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f)(1) Subject to paragraph (3), the Secretary shall meet the
access standards established under subsection (a) when furnishing
hospital care, medical services, or extended care services to a covered
veteran under section 1703 of this title and shall ensure that meeting
such access standards is reflected in the contractual requirements of
Third Party Administrators.
``(2) The Secretary shall ensure that health care providers
specified under section 1703(c) of this title are able to comply with
the access standards established under subsection (a) for such
providers.
``(3)(A) A Third Party Administrator may request a waiver to the
requirement under this subsection to meet the access standards
established under subsection (a) if--
``(i)(I) the scarcity of available providers or facilities
in the region precludes the Third Party Administrator from
meeting those access standards; or
``(II) the landscape of providers or facilities has
changed, and certain providers or facilities are not available
such that the Third Party Administrator is not able to meet
those access standards; and
``(ii) to address the scarcity of available providers or
the change in the provider or facility landscape, as the case
may be, the Third Party Administrator has contracted with other
providers or facilities that may not meet those access
standards but are the currently available providers or
facilities most accessible to veterans within the region of
responsibility of the Third Party Administrator.
``(B) Any waiver requested by a Third Party Administrator under
subparagraph (A) must be requested in writing and submitted to the
Office of Integrated Veteran Care of the Department for approval by
that office.
``(C) As part of any waiver request under subparagraph (A), a Third
Party Administrator must include conclusive evidence and documentation
that the access standards established under subsection (a) cannot be
met because of scarcity of available providers or changes to the
landscape of providers or facilities.
``(D) In evaluating a waiver request under subparagraph (A), the
Secretary shall consider the following:
``(i) The number and geographic distribution of eligible
health care providers available within the geographic area and
specialty referenced in the waiver request.
``(ii) The prevailing market conditions within the
geographic area and specialty referenced in the waiver request,
which shall include the number and distribution of health care
providers contracting with other health care plans (including
commercial plans and the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.)) operating in
the geographic area and specialty referenced in the waiver
request.
``(iii) Whether the service area is comprised of highly
rural, rural, or urban areas or some combination of such areas.
``(iv) How significantly the waiver request differs from
the access standards established under subsection (a).
``(v) The rates offered to providers in the geographic area
covered by the waiver.
``(E) The Secretary shall not consider inability to contract as a
valid sole rationale for granting a waiver under subparagraph (A).
``(g)(1) The Secretary shall publish in the Federal Register and on
a publicly available internet website of the Department the designated
access standards established under this section for purposes of section
1703(d)(1)(D) of this title.
``(2) The Secretary shall publish on a publicly available internet
website of the Department the access standards established under
subsection (a).''; and
(2) in subsection (i), by adding at the end the following
new paragraphs:
``(3) The term `inability to contract', with respect to a
Third Party Administrator, means the inability of the Third
Party Administrator to successfully negotiate and establish a
community care network contract with a provider or facility.
``(4) The term `Third Party Administrator' means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans Community
Care Program under section 1703 of this title.''.
(b) Prevention of Suspension of Veterans Community Care Program.--
Section 1703(a) of such title is amended by adding at the end the
following new paragraph:
``(4) Nothing in this section shall be construed to authorize the
Secretary to suspend the program established under paragraph (1).''.
SEC. 126. STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE CASE OF
THE REALIGNMENT OF A MEDICAL FACILITY OF THE DEPARTMENT.
(a) Sense of Congress.--It is the sense of Congress that the
Veterans Health Administration should ensure that veterans do not
experience a lapse of care when transitioning in receiving care due to
the realignment of a medical facility of the Department of Veterans
Affairs.
(b) Development of Strategic Plan.--
(1) In general.--The Secretary of Veterans Affairs, acting
through the Office of Integrated Veteran Care, the Chief
Strategy Office, the Office of Asset Enterprise Management, or
any successor office that has similar and related functions,
shall develop and periodically update a strategic plan to
ensure continuity of health care through care furnished at a
facility of the Department or through the Community Care
Program for veterans impacted by the realignment of a medical
facility of the Department.
(2) Elements.--The strategic plan required under paragraph
(1) shall include, at a minimum, the following:
(A) An assessment of the progress of the Department
in identifying impending realignments of medical
facilities of the Department and the impact of such
realignments on access of veterans to care, including
any impact on the network of health care providers
under the Community Care Program.
(B) The progress of the Department in establishing
operated sites of care and related activities to
address the impact of such a realignment.
(C) An outline of collaborative actions and
processes the Department can take to address potential
gaps in health care created by such a realignment,
including actions and processes to be taken by the
Office of Integrated Veteran Care, the Chief Strategy
Office, and the Office of Asset Enterprise Management
of the Department.
(D) A description of how the Department can
identify to Third Party Administrators changes in the
catchment areas of medical facilities to be realigned
and develop a process with Third Party Administrators
to strengthen provider coverage in advance of such
realignments.
(3) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary for
Health of the Department shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives the plan developed
under paragraph (1).
(c) Definitions.--In this section:
(1) Community care program.--The term ``Community Care
Program'' means the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(2) Realignment.--The term ``realignment'', with respect to
a facility of the Department of Veterans Affairs, includes--
(A) any action that changes the number of
facilities or relocates services, functions, or
personnel positions; and
(B) strategic collaborations between the Department
and non-Federal Government entities, including tribal
organizations and Urban Indian Organizations.
(3) Third party administrator.--The term ``Third Party
Administrator'' means an entity that manages a provider network
and performs administrative services related to such network
within the Veterans Community Care Program under section 1703
of title 38, United States Code.
(4) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(5) Urban indian organization.--The term ``Urban Indian
Organization'' has the meaning given that term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
CHAPTER 3--COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM
SEC. 131. DEFINITIONS.
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Covered veteran.--The term ``covered veteran'' means a
covered veteran under section 1703(b) of title 38, United
States Code.
(3) Pilot program.--The term ``pilot program'' means the
pilot program required under section 132(a).
(4) Veterans community care program.--The term ``Veterans
Community Care Program'' means the program to furnish hospital
care, medical services, and extended care services to covered
veterans under section 1703 of title 38, United States Code.
SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT SELF-
SCHEDULING TECHNOLOGY.
(a) Pilot Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot program under which covered veterans eligible for hospital
care, medical services, or extended care services under subsection
(d)(1) of section 1703 of title 38, United States Code, may use a
technology that has the capabilities specified in section 133(a) to
schedule and confirm medical appointments with health care providers
participating in the Veterans Community Care Program.
(b) Expansion or Development of New Technology.--In carrying out
the pilot program, the Secretary may expand capabilities of an existing
appointment self-scheduling technology of the Department of Veterans
Affairs or purchase a new appointment self-scheduling technology.
(c) Competition.--In contracting for the expansion of capabilities
of an existing appointment self-scheduling technology of the Department
or the purchase of a new appointment self-scheduling technology under
the pilot program, the Secretary shall comply with section 3301 of
title 41, United States Code, and award any such contract not later
than 270 days after the date of the enactment of this Act.
(d) Selection of Locations.--The Secretary shall select not fewer
than two Veterans Integrated Services Networks of the Department in
which to carry out the pilot program.
(e) Duration of Pilot Program.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall carry out the pilot program for an 18-month
period.
(2) Extension.--The Secretary may extend the duration of
the pilot program and may expand the selection of Veterans
Integrated Services Networks under subsection (d) if the
Secretary determines that the pilot program is reducing the
wait times of veterans seeking hospital care, medical services,
or extended care services under the Veterans Community Care
Program.
(f) Outreach.--The Secretary shall ensure that veterans
participating in the Veterans Community Care Program in Veterans
Integrated Services Networks in which the pilot program is being
carried out are informed about the pilot program.
SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES.
(a) In General.--The Secretary of Veterans Affairs shall ensure
that the appointment self-scheduling technology used in the pilot
program includes the following capabilities:
(1) Capability to self-schedule, modify, and cancel
appointments directly online for primary care, specialty care,
and mental health care under the Veterans Community Care
Program with regard to each category of eligibility under
section 1703(d)(1) of title 38, United States Code.
(2) Capability to support appointments for the provision of
health care under the Veterans Community Care Program
regardless of whether such care is provided in person or
through telehealth services.
(3) Not fewer than two of the following capabilities:
(A) Capability to view appointment availability in
real time to the extent practicable.
(B) Capability to load relevant patient information
from the Decision Support Tool of the Department or any
other information technology system of the Department
used to determine the eligibility of veterans for
health care under section 1703(d)(1) of title 38,
United States Code.
(C) Capability to search for providers and
facilities participating in the Veterans Community Care
Program based on distance from the residential address
of a veteran.
(D) Capability to filter provider results by
clinical expertise, ratings, reviews, sex, languages
spoken, and other criteria as determined by the
Secretary.
(E) Capability to provide telephonic and electronic
contact information for all such providers that do not
offer online scheduling at the time.
(F) Capability to store and print authorization
letters for veterans for health care under the Veterans
Community Care Program.
(G) Capability to provide prompts or reminders to
veterans to schedule initial appointments or follow-up
appointments.
(H) Capability to be used 24 hours per day, seven
days per week.
(I) Capability to ensure veterans who self-schedule
appointments through the appointment self-scheduling
technology have scheduled such appointment with a
provider possessing the required specialty and clinical
expertise.
(J) Capability to integrate with the Veterans
Health Information Systems and Technology Architecture
of the Department and the health record deployed by the
Electronic Health Record Modernization program, or any
successor information technology system or health
record of the Department.
(K) Capability to integrate with information
technology systems of Third Party Administrators.
(b) Independent Validation and Verification.--
(1) In general.--The Comptroller General of the United
States shall evaluate whether the appointment self-scheduling
technology used in the pilot program includes the capabilities
required under subsection (a) and successfully performs such
capabilities.
(2) Briefing.--Not later than 30 days after the date on
which the Comptroller General completes the evaluation under
paragraph (1), the Comptroller General shall brief the
appropriate congressional committees on such evaluation.
(c) Certification.--Not later than 18 months after commencement of
the pilot program, the Secretary shall certify to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives whether the appointment self-scheduling
technology used in the pilot program and any other patient self-
scheduling technology developed or used by the Department of Veterans
Affairs to schedule appointments under the Veterans Community Care
Program as of the date of the certification includes the capabilities
required under subsection (a).
(d) Third Party Administrator Defined.--In this section, the term
``Third Party Administrator'' means an entity that manages a provider
network and performs administrative services related to such network
within the Veterans Community Care Program under section 1703 of title
38, United States Code.
SEC. 134. REPORT.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of Veterans Affairs
shall submit to the appropriate congressional committees a report that
includes--
(1) an assessment by the Secretary of the pilot program
during the 180-day period preceding the date of the report,
including--
(A) the cost of the pilot program;
(B) the volume of usage of the appointment self-
scheduling technology under the pilot program;
(C) the quality of the pilot program;
(D) patient satisfaction with the pilot program;
(E) benefits to veterans of using the pilot
program;
(F) the feasibility of allowing self-scheduling for
different specialties under the pilot program;
(G) participation in the pilot program by health
care providers under the Veterans Community Care
Program; and
(H) such other findings and conclusions with
respect to the pilot program as the Secretary considers
appropriate; and
(2) such recommendations as the Secretary considers
appropriate regarding--
(A) extension of the pilot program to other or all
Veterans Integrated Service Networks of the Department
of Veterans Affairs; and
(B) making the pilot program permanent.
CHAPTER 4--ADMINISTRATION OF NON-DEPARTMENT CARE
SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF NON-
DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SERVICES.
(a) Credentialing Verification Requirements.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section 1703E
the following new section:
``Sec. 1703F. Credentialing verification requirements for providers of
non-Department health care services
``(a) In General.--The Secretary shall ensure that Third Party
Administrators and credentials verification organizations comply with
the requirements specified in subsection (b) to help ensure certain
health care providers are excluded from providing non-Department health
care services.
``(b) Requirements Specified.--The Secretary shall require Third
Party Administrators and credentials verification organizations to
carry out the following:
``(1) Hold and maintain an active credential verification
accreditation from a national health care accreditation body.
``(2) Conduct initial verification of provider history and
license sanctions for all States and United States territories
for a period of time--
``(A) that includes the period before the provider
began providing non-Department health care services;
and
``(B) dating back not less than 10 years.
``(3) Not less frequently than every three years, perform
recredentialing, including verifying provider history and
license sanctions for all States and United States territories.
``(4) Implement continuous monitoring of each provider
through the National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11101 et seq.).
``(5) Perform other forms of credentialing verification as
the Secretary considers appropriate.
``(c) Definitions.--In this section:
``(1) The term `credentials verification organization'
means an entity that manages the provider credentialing process
and performs credentialing verification for non-Department
providers that participate in the Veterans Community Care
Program under section 1703 of this title through a Veterans
Care Agreement.
``(2) The term `Third Party Administrator' means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans Community
Care Program under section 1703 of this title.
``(3) The term `Veterans Care Agreement' means an agreement
for non-Department health care services entered into under
section 1703A of this title.
``(4) The term `non-Department health care services' means
services--
``(A) provided under this subchapter at non-
Department facilities (as defined in section 1701 of
this title);
``(B) provided under section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public
Law 113-146; 38 U.S.C. 1701 note);
``(C) purchased through the Medical Community Care
account of the Department; or
``(D) purchased with amounts deposited in the
Veterans Choice Fund under section 802 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public
Law 113-146; 38 U.S.C. 1701 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1703E the following new item:
``1703F. Credentialing verification requirements for providers of non-
Department health care services.''.
(b) Deadline for Implementation.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall commence the implementation of section 1703F of title 38, United
States Code, as added by subsection (a)(1).
SEC. 142. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR
EMERGENCY TREATMENT FURNISHED TO VETERANS.
(a) Treatment for Non-Service-Connected Disabilities.--
(1) In general.--Section 1725 of title 38, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection
(h); and
(B) by inserting after subsection (e) the following
new subsections (f) and (g):
``(f) Submittal of Claims for Direct Payment.--An individual or
entity seeking payment under subsection (a)(2) for treatment provided
to a veteran in lieu of reimbursement to the veteran shall submit a
claim for such payment not later than 180 days after the latest date on
which such treatment was provided.
``(g) Hold Harmless.--No veteran described in subsection (b) may be
held liable for payment for emergency treatment described in such
subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (f); and
``(2) such claim was submitted after the deadline
established by such subsection due to--
``(A) an administrative error made by the
individual or entity, such as submission of the claim
to the wrong Federal agency, under the wrong
reimbursement authority (such as section 1728 of this
title), or submission of the claim after the deadline;
or
``(B) an administrative error made by the
Department, such as misplacement of a paper claim or
deletion of an electronic claim.''.
(b) Treatment for and in Connection With Service-Connected
Disabilities.--Section 1728 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) No veteran described in subsection (a) may be held liable for
payment for emergency treatment described in such subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (b)(2); and
``(2) such claim was submitted after a deadline established
by the Secretary for purposes of this section due to--
``(A) an administrative error made by the
individual or entity, such as submission of the claim
to the wrong Federal agency or submission of the claim
after the deadline; or
``(B) an administrative error made by the
Department, such as misplacement of a paper claim or
deletion of an electronic claim.''.
(c) Conforming Amendments.--Such title is amended--
(1) in section 1705A(d), by striking ``section 1725(f)''
and inserting ``section 1725(h)'';
(2) in section 1725(b)(3)(B), by striking ``subsection
(f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B)
or (h)(2)(C)'';
(3) in section 1728(d), as redesignated by subsection
(b)(4), by striking ``section 1725(f)(1)'' and inserting
``section 1725(h)(1)'';
(4) in section 1781(a)(4), by striking ``section 1725(f)''
and inserting ``section 1725(h)''; and
(5) in section 1787(b)(3), by striking ``section 1725(f)''
and inserting ``section 1725(h)''.
SEC. 143. PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT OF
VETERANS AFFAIRS PROVIDERS.
(a) In General.--The Secretary of Veterans Affairs shall publish on
one or more publicly available internet websites of the Department of
Veterans Affairs, including the main internet website regarding
emergency care authorization for non-Department providers, the
following information:
(1) A summary table or similar resource that provides a
list of all authorities of the Department to authorize
emergency care from non-Department providers and, for each such
authority, the corresponding deadline for submission of claims.
(2) An illustrated summary of steps, such as a process map,
with a checklist for the submission of clean claims that non-
Department providers can follow to assure compliance with the
claims-filing process of the Department.
(3) Contact information for the appropriate office or
service line of the Department to address process questions
from non-Department providers.
(b) Periodic Review.--Not less frequently than once every 180 days,
the Secretary shall review the information published under subsection
(a) to ensure that such information is current.
(c) Clean Claims Defined.--In this section, the term ``clean
claims'' means clean electronic claims and clean paper claims (as those
terms are defined in section 1703D(i) of title 38, United States Code).
SEC. 144. INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE NON-
DEPARTMENT OF VETERANS AFFAIRS CARE.
Section 108 of the VA MISSION Act of 2018 (Public Law 115-182; 38
U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Application.--The requirement to deny or revoke the
eligibility of a health care provider to provide non-Department health
care services to veterans under subsection (a) shall apply to any
removal under paragraph (1) of such subsection or violation under
paragraph (2) of such subsection that occurred on or after a date
determined by the Secretary that is not less than five years before the
date of the enactment of this Act.''.
Subtitle D--Improvement of Rural Health and Telehealth
SEC. 151. ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR OFFICE OF
CONNECTED CARE OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The COVID-19 pandemic caused the Department of Veterans
Affairs to exponentially increase telehealth and virtual care
modalities, including VA Video Connect, to deliver health care
services to veteran patients.
(2) Between January 2020 and January 2021, the number of
telehealth appointments offered by the Department increased by
1,831 percent.
(3) The Department maintains strategic partnerships, such
as the Digital Divide Consult, with a goal of ensuring veterans
who reside in rural, highly rural, or medically underserved
areas have access to high-quality telehealth services offered
by the Department.
(4) As of 2019, veterans who reside in rural and highly
rural areas make up approximately \1/3\ \\ of veteran enrollees
in the patient enrollment system, and are on average, older
than their veteran peers in urban areas, experience higher
degrees of financial instability, and live with a greater
number of complex health needs and comorbidities.
(5) The Federal Communications Commission estimated in 2020
that 15 percent of veteran households do not have an internet
connection.
(6) Under the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136), Congress granted the
Department additional authority to enter into short-term
agreements or contracts with private sector telecommunications
companies to provide certain broadband services for the
purposes of providing expanded mental health services to
isolated veterans through telehealth or VA Video Connect during
a public health emergency.
(7) The authority described in paragraph (6) was not
utilized to the fullest extent by the Department.
(8) Though the Department has made significant progress in
expanding telehealth services offered to veterans who are
enrolled in the patient enrollment system, significant gaps
still exist to ensure all veterans receive equal and high-
quality access to virtual care.
(9) Questions regarding the efficacy of using telehealth
for certain health care services and specialties remain, and
should be further studied.
(10) The Department continues to expand telehealth and
virtual care offerings for primary care, mental health care,
specialty care, urgent care, and even remote intensive care
units.
(b) Sense of Congress.--It is the sense of Congress that the
telehealth services offered by the Department of Veterans Affairs
should be routinely measured and evaluated to ensure the telehealth
technologies and modalities delivered to veteran patients to treat a
wide variety of health conditions are as effective as in-person
treatment for primary care, mental health care, and other forms of
specialty care.
(c) Development of Strategic Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
acting through the Office of Connected Care of the Department
of Veterans Affairs, shall develop a strategic plan to ensure
the effectiveness of the telehealth technologies and modalities
delivered by the Department to veterans who are enrolled in the
patient enrollment system.
(2) Update.--
(A) In general.--The Secretary shall update the
strategic plan required under paragraph (1) not less
frequently than once every three years following
development of the plan.
(B) Consultation.--The Secretary shall prepare any
update required under subparagraph (A) in consultation
with the following:
(i) The Chief Officer of the Office of
Connected Care of the Department.
(ii) The Executive Director of Telehealth
Services of the Office of Connected Care.
(iii) The Executive Director of Connected
Health of the Office of Connected Care.
(iv) The Executive Director of the Office
of Rural Health of the Department.
(v) The Executive Director of Solution
Delivery, IT Operations and Services of the
Office of Information and Technology of the
Department.
(3) Elements.--The strategic plan required under paragraph
(1), and any update to that plan under paragraph (2), shall
include, at a minimum, the following:
(A) A comprehensive list of all health care
specialties the Department is currently delivering by
telehealth or virtual care.
(B) An assessment of the effectiveness and patient
outcomes for each type of health care specialty
delivered by telehealth or virtual care by the
Department.
(C) An assessment of satisfaction of veterans in
receiving care through telehealth or virtual care
disaggregated by age group and by Veterans Integrated
Service Network.
(D) An assessment of the percentage of virtual
visits delivered by the Department through each
modality including standard telephone telehealth, VA
Video Connect, and the Accessing Telehealth through
Local Area Stations program of the Department.
(E) An outline of all current partnerships
maintained by the Department to bolster telehealth or
virtual care services for veterans.
(F) An assessment of the barriers faced by the
Department in delivering telehealth or virtual care
services to veterans residing in rural and highly rural
areas, and the strategies the Department is deploying
beyond purchasing hardware for veterans who are
enrolled in the patient enrollment system.
(G) A detailed plan illustrating how the Department
is working with other Federal agencies, including the
Department of Health and Human Services, the Department
of Agriculture, the Federal Communications Commission,
and the National Telecommunications and Information
Administration, to enhance connectivity in rural,
highly rural, and medically underserved areas to better
reach all veterans.
(H) The feasibility and advisability of partnering
with Federally qualified health centers, rural health
clinics, and critical access hospitals to fill the gap
for health care services that exists for veterans who
reside in rural and highly rural areas.
(I) An evaluation of the number of veterans who are
enrolled in the patient enrollment system who have
previously received care under the Veterans Community
Care Program under section 1703 of title 38, United
States Code.
(d) Submittal to Congress.--Not later than 180 days after the
development of the strategic plan under paragraph (1) of subsection
(c), and not later than 180 days after each update under paragraph (2)
of such subsection thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The completed strategic plan or update, as the case may
be.
(2) An identification of areas of improvement by the
Department in the delivery of telehealth and virtual care
services to veterans who are enrolled in the patient enrollment
system, with a timeline for improvements to be implemented.
(e) Definitions.--
(1) Patient enrollment system.--The term ``patient
enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established
and operated under section 1705(a) of title 38, United States
Code.
(2) Rural; highly rural.--The terms ``rural'' and ``highly
rural'' have the meanings given those terms in the Rural-Urban
Commuting Areas coding system of the Department of Agriculture.
(3) VA video connect.--The term ``VA Video Connect'' means
the program of the Department of Veterans Affairs to connect
veterans with their health care team from anywhere, using
encryption to ensure a secure and private connection.
SEC. 152. COMPTROLLER GENERAL REPORT ON TRANSPORTATION SERVICES BY
THIRD PARTIES FOR RURAL VETERANS.
(a) Report Required.--Not later than 540 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the program the establishment of which was facilitated under
section 111A(b) of title 38, United States Code.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A description of the program described in such
subsection, including descriptions of the following:
(A) The purpose of the program.
(B) The activities carried out under the program.
(2) An assessment of the sufficiency of the program with
respect to the purpose of the program.
(3) An assessment of the cost effectiveness of the program
in comparison to alternatives.
(4) An assessment of the health benefits for veterans who
have participated in the program.
(5) An assessment of the sufficiency of staffing of
employees of the Department of Veterans Affairs who are
responsible for facilitating the maintenance of the program.
(6) An assessment, with respect to the purpose of the
program, of the number of vehicles owned by and operating in
conjunction with the program.
(7) An assessment of the awareness and usage of the program
by veterans and their families.
(8) An assessment of other options for transportation under
the program, such as local taxi companies and ridesharing
programs such as Uber and Lyft.
SEC. 153. COMPTROLLER GENERAL REPORT ON TELEHEALTH SERVICES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on telehealth services provided by the Department of Veterans
Affairs.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The telehealth and virtual health care programs of the
Department of Veterans Affairs, including VA Video Connect.
(2) The challenges faced by the Department in delivering
telehealth and virtual health care to veterans who reside in
rural and highly rural areas due to lack of connectivity in
many rural areas.
(3) Any mitigation strategies used by the Department to
overcome connectivity barriers for veterans who reside in rural
and highly rural areas.
(4) The partnerships entered into by the Office of
Connected Care of the Department in an effort to bolster
telehealth services.
(5) The extent to which the Department has examined the
effectiveness of health care services provided to veterans
through telehealth in comparison to in-person treatment.
(6) Satisfaction of veterans with respect to the telehealth
services provided by the Department.
(7) The use by the Department of telehealth appointments in
comparison to referrals to care under the Veterans Community
Care Program under section 1703 of title 38, United States
Code.
(8) Such other areas as the Comptroller General considers
appropriate.
Subtitle E--Care for Aging Veterans
SEC. 161. STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall develop a
strategy for the long-term care of veterans.
(b) Elements.--The strategy developed under subsection (a) shall--
(1) identify current and future needs for the long-term
care of veterans based on demographic data and availability of
services both from the Department of Veterans Affairs and from
non-Department providers in the community, include other
Federal Government, non-Federal Government, nonprofit, for
profit, and other entities;
(2) identify the current and future needs of veterans for
both institutional and non-institutional long-term care (for
example, home-based and community-based services), taking into
account the needs of growing veteran population groups,
including women veterans, veterans with traumatic brain injury,
veterans with memory loss, and other population groups with
unique needs; and
(3) address new and different care delivery models,
including by--
(A) assessing the implications of such models for
the design of facilities and how those facilities may
need to change;
(B) examining the workforce needed to support aging
populations of veterans as they grow and receive long-
term care through different trends of care delivery;
and
(C) considering the feasibility and advisability of
implementing a veteran-focused independent provider
model for non-institutional care.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the strategy developed under subsection (a).
SEC. 162. IMPROVEMENT OF STATE VETERANS HOMES.
(a) Standardized Sharing Agreements.--The Secretary of Veterans
Affairs shall develop a standardized process throughout the Department
of Veterans Affairs for entering into sharing agreements between State
homes and medical centers of the Department.
(b) Provision of Medication to Catastrophically Disabled
Veterans.--Section 1745(b) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Any veteran who has been determined by the Secretary
to be catastrophically disabled, as defined in section 17.36(e)
of title 38, Code of Federal Regulations, or successor
regulations, and on whose behalf the Secretary is paying a per
diem for nursing home or domiciliary care in a State home under
this chapter.''.
(c) Oversight of Inspections.--
(1) Monitoring.--The Secretary shall monitor any contractor
used by the Department to conduct inspections of State homes,
including by reviewing the inspections conducted by each such
contractor for quality not less frequently than quarterly.
(2) Reporting of deficiencies.--The Secretary shall require
that any deficiencies of a State home noted during the
inspection of the State home be reported to the Secretary.
(3) Transparency.--The Secretary shall publish the results
of any inspection of a State home, and any associated
corrective actions planned by the State home, on a publicly
available internet website of the Department.
(d) State Home Defined.--In this section, the term ``State home''
has the meaning given that term in section 101(19) of title 38, United
States Code.
SEC. 163. GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS HOMES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
the conduct of a pilot program under which the Secretary shall provide
geriatric psychiatry assistance to eligible veterans at State homes.
(b) Duration.--The Secretary shall carry out the pilot program
under this section for a two-year period.
(c) Type of Assistance.--Assistance provided under the pilot
program under this section may include--
(1) direct provision of geriatric psychiatry services,
including health care if feasible;
(2) payments to non-Department of Veterans Affairs
providers in the community to provide such services;
(3) collaboration with other Federal agencies to provide
such services; or
(4) such other forms of assistance as the Secretary
considers appropriate.
(d) Consideration of Local Area Needs.--In providing assistance
under the pilot program under this section, the Secretary shall
consider the geriatric psychiatry needs of the local area, including by
considering--
(1) State homes with a high proportion of residents with
unmet mental health needs;
(2) State homes located in mental health care health
professional shortage areas designated under section 332 of the
Public Health Service Act (42 U.S.C. 254e); or
(3) State homes located in rural or highly rural areas.
(e) Definitions.--In this section, the terms ``State home'' and
``veteran'' have the meanings given those terms in section 101 of title
38, United States Code.
SEC. 164. SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING
HOMELESSNESS.
(a) In General.--The Secretary of Veterans Affairs shall work with
public housing authorities and local organizations to assist aging
homeless veterans in accessing existing housing and supportive
services, including health services like home-based and community-based
services from the Department of Veterans Affairs or from non-Department
providers in the community.
(b) Payment for Services.--The Secretary may, and is encouraged to,
pay for services for aging homeless veterans described in subsection
(a).
SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PAYMENT
OF CARE FOR VETERANS IN NON-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FOSTER HOMES.
(a) Authority.--
(1) In general.--Section 1720 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) During the five-year period beginning on the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, and subject
to paragraph (3)--
``(A) at the request of a veteran for whom the Secretary is
required to provide nursing home care under section 1710A of
this title, the Secretary may place the veteran in a medical
foster home that meets Department standards, at the expense of
the United States, pursuant to a contract, agreement, or other
arrangement entered into between the Secretary and the medical
foster home for such purpose; and
``(B) the Secretary may pay for care of a veteran placed in
a medical foster home before such date of enactment, if the
home meets Department standards, pursuant to a contract,
agreement, or other arrangement entered into between the
Secretary and the medical foster home for such purpose.
``(2) A veteran on whose behalf the Secretary pays for care in a
medical foster home under paragraph (1) shall agree, as a condition of
such payment, to accept home health services furnished by the Secretary
under section 1717 of this title.
``(3) In any year, not more than a daily average of 900 veterans
receiving care in a medical foster home, whether placed before, on, or
after the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, may have their care covered at the expense of
the United States under paragraph (1).
``(4) The prohibition under section 1730(b)(3) of this title shall
not apply to a veteran whose care is covered at the expense of the
United States under paragraph (1).
``(5) In this subsection, the term `medical foster home' means a
home designed to provide non-institutional, long-term, supportive care
for veterans who are unable to live independently and prefer a family
setting.''.
(2) Effective date.--Subsection (h) of section 1720 of
title 38, United States Code, as added by paragraph (1), shall
take effect 90 days after the date of the enactment of this
Act.
(b) Ongoing Monitoring of Medical Foster Home Program.--
(1) In general.--The Secretary of Veterans Affairs shall
create a system to monitor and assess the workload for the
Department of Veterans Affairs in carrying out the authority
under section 1720(h) of title 38, United States Code, as added
by subsection (a)(1), including by tracking--
(A) requests by veterans to be placed in a medical
foster home under such section;
(B) denials of such requests, including the reasons
for such denials;
(C) the total number of medical foster homes
applying to participate under such section,
disaggregated by those approved and those denied
approval by the Department to participate;
(D) veterans receiving care at a medical foster
home at the expense of the United States; and
(E) veterans receiving care at a medical foster
home at their own expense.
(2) Report.--Based on the monitoring and assessments
conducted under paragraph (1), the Secretary shall identify and
submit to Congress a report on such modifications to
implementing section 1720(h) of title 38, United States Code,
as added by subsection (a)(1), as the Secretary considers
necessary to ensure the authority under such section is
functioning as intended and care is provided to veterans under
such section as intended.
(3) Medical foster home defined.--In this subsection, the
term ``medical foster home'' has the meaning given that term in
section 1720(h) of title 38, United States Code, as added by
subsection (a)(1).
(c) Comptroller General Report.--Not later than each of three years
and six years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
(1) assessing the implementation of this section and the
amendments made by this section;
(2) assessing the impact of the monitoring and
modifications under subsection (b) on care provided under
section 1720(h) of title 38, United States Code, as added by
subsection (a)(1); and
(3) setting forth recommendations for improvements to the
implementation of such section, as the Comptroller General
considers appropriate.
Subtitle F--Foreign Medical Program
SEC. 171. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF EXPANDING
ASSISTANCE AND SUPPORT TO CAREGIVERS TO INCLUDE
CAREGIVERS OF VETERANS IN THE REPUBLIC OF THE
PHILIPPINES.
(a) Findings.--Congress makes the following findings:
(1) Although section 161 of the VA MISSION Act of 2018
(Public Law 115-182; 132 Stat. 1438) expanded the program of
comprehensive assistance for family caregivers of the
Department of Veterans Affairs under section 1720G(a) of title
38, United States Code, to veterans of all eras, it did not
expand the program to family caregivers for veterans overseas.
(2) Although caregivers for veterans overseas can access
online resources as part of the program of support services for
caregivers of veterans under subsection (b) section 1720G of
such title, those caregivers are not currently eligible for the
comprehensive services and benefits provided under subsection
(a) of such section.
(3) The Department has an outpatient clinic and a regional
benefits office in Manila, Republic of the Philippines, and the
Foreign Medical Program of the Department under section 1724 of
such title is used heavily in the Republic of the Philippines
by veterans who live in that country.
(4) Due to the presence of facilities of the Department in
the Republic of the Philippines and the number of veterans who
reside there, that country is a suitable test case to analyze
the feasibility and advisability of expanding caregiver support
to caregivers of veterans overseas.
(b) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
an analysis of the feasibility and advisability of making assistance
and support under section 1720G(a) of title 38, United States Code,
available to caregivers of veterans in the Republic of the Philippines.
(c) Report.--Not later than 180 days after the conclusion of the
analysis conducted under subsection (b), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and reside in the
Republic of the Philippines.
(3) An assessment of the number of veterans residing in the
Republic of the Philippines with a disability rating from the
Department of not less than 70 percent.
(4) An assessment of the number of veterans who are
enrolled in the patient enrollment system and reside in the
Republic of the Philippines that have a caregiver to provide
them personal care services described in section 1720G(a)(C) of
title 38, United States Code.
(5) An assessment of the staffing needs and associated
costs of making assistance and support available to caregivers
of veterans in the Republic of the Philippines.
(6) An assessment of the infrastructure needs and
associated costs of making assistance and support available to
caregivers of veterans in the Republic of the Philippines.
(7) An assessment of the local transportation challenges to
making assistance and support available to caregivers of
veterans in the Republic of the Philippines.
(8) An assessment of how the Secretary would determine
payment rates for caregivers of veterans in the Republic of the
Philippines to account for variances in living standards in the
Republic of the Philippines.
(9) Such other elements as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) Caregiver.--The term ``caregiver'' has the meaning
given that term in section 1720G(d) of title 38, United States
Code.
(2) Patient enrollment system.--The term ``patient
enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established
and operated under section 1705(a) of such title.
(3) Veteran.--The term ``veteran'' has the meaning given
that term in section 101(2) of such title.
SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the Foreign Medical Program.
(b) Elements.--The report required by subsection (a) shall include,
for the most recent five fiscal years for which data are available, an
assessment of the following:
(1) The number of veterans who live overseas and are
eligible for the Foreign Medical Program.
(2) The number of veterans who live overseas, are
registered for the Foreign Medical Program, and use such
program.
(3) The number of veterans who live overseas, are
registered for the Foreign Medical Program, and do not use such
program.
(4) The number of veterans who are eligible for care
furnished by the Department of Veterans Affairs, live in the
United States, including territories of the United States, and
make use of such care, including through the Veterans Community
Care Program under section 1703 of title 38, United States
Code.
(5) Any challenges faced by the Department in administering
the Foreign Medical Program, including--
(A) outreach to veterans on eligibility for such
program and ensuring veterans who live overseas are
aware of such program;
(B) executing timely reimbursements of claims by
veterans under such program; and
(C) need for and use of translation services.
(6) Any trends relating to--
(A) the timeliness of processing by the Department
of claims under the Foreign Medical Program and
reimbursement of veterans under such program;
(B) types of care or treatment sought by veterans
who live overseas that is reimbursed under such
program; and
(C) types of care or treatment eligible for
reimbursement under such program that veterans have
difficulty accessing overseas.
(7) Any barriers or obstacles cited by veterans who live
overseas who are registered for the Foreign Medical Program,
including any differences between veterans who use the program
and veterans who do not.
(8) Satisfaction of veterans who live overseas with the
Foreign Medical Program.
(9) Such other areas as the Comptroller General considers
appropriate.
(c) Foreign Medical Program Defined.--In this section, the term
``Foreign Medical Program'' means the program under with the Secretary
of Veterans Affairs provides hospital care and medical services under
section 1724 of title 38, United States Code.
Subtitle G--Research Matters
SEC. 181. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330D. Inapplicability of Paperwork Reduction Act to research
activities
``Subchapter I of chapter 35 of title 44 (commonly referred to as
the `Paperwork Reduction Act') shall not apply to the voluntary
collection of information during the conduct of research by the
Veterans Health Administration, including the Office of Research and
Development, or individuals or entities affiliated with the Veterans
Health Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 7330C the following new item:
``(1) ``7330D. Inapplicability of Paperwork Reduction Act
to research activities.''.
SEC. 182. RESEARCH AND DEVELOPMENT.
(a) Office of Research and Development.--Chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER V--RESEARCH AND DEVELOPMENT
``Sec. 7381. Office of Research and Development
``(a) Office of Research and Development.--There is in the Veterans
Health Administration an Office of Research and Development (in this
section referred to as the `Office').
``(b) Purposes.--The function of the Office is to serve veterans
through a full spectrum of research (including pre-clinical, clinical,
and health systems science), technology transfer, and application.
``(c) Chief Research and Development Officer.--The head of the
Office is the Chief Research and Development Officer.
``(d) Organization and Personnel.--The Office shall be organized in
such manner, and its personnel shall perform such duties and have such
titles, as the Secretary may prescribe.
``Sec. 7382. Research personnel
``(a) Waiver of Intergovernmental Personnel Act Mobility Program
Limits.--The Secretary may waive the limit on the period and number of
assignments required under section 3372(a) of title 5 with respect to
an individual who performs research for the Department under the
mobility program under subchapter VI of chapter 33 of such title
(commonly referred to as the `Intergovernmental Personnel Act Mobility
Program').
``(b) Outside Earned Income for Research for the Department.--(1)
Compensation from a nonprofit corporation established under subchapter
IV of this chapter, or a university affiliated with the Department, may
be paid, without regard to section 209 of title 18, to an employee
described in paragraph (2), for research conducted pursuant to section
7303 of this title if--
``(A) the research has been approved in accordance with
procedures prescribed by the Under Secretary for Health;
``(B) the employee conducts research under the supervision
of personnel of the Department; and
``(C) the Secretary agreed to the terms of such
compensation in writing.
``(2) An employee described in this subsection is an employee who
has an appointment within the Department, whether with or without
compensation, and without regard to the source of such compensation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter v--research and development
``7381. Office of Research and Development.
``7382. Research personnel.''.
SEC. 183. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF
RESEARCH OCCUPATIONS.
Section 7401(3) of title 38, United States Code, is amended by
inserting ``statisticians, economists, informaticists, data scientists,
and'' after ``blind rehabilitation outpatient specialists,''.
SEC. 184. COMPTROLLER GENERAL STUDY ON DEDICATED RESEARCH TIME FOR
CERTAIN PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the amount of time dedicated for research for
clinician-scientists appointed by the Secretary of Veterans Affairs.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A review of the policies and practices of the
Department of Veterans Affairs regarding the time dedicated for
research for the personnel specified in subsection (a).
(2) An assessment of the effect of such policies and
practices on the following:
(A) The recruitment and retention efforts of the
Department.
(B) The productivity of the personnel specified in
subsection (a) with respect to research.
(C) The efficient use of resources available for
research on issues relating to the health of veterans.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report detailing
the findings of the study conducted under subsection (a).
Subtitle H--Mental Health Care
SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT OF
VETERANS AFFAIRS PROVIDING EVIDENCE-BASED TREATMENTS FOR
THE DIAGNOSIS OF TREATMENT-RESISTANT DEPRESSION.
(a) Findings.--Congress makes the following findings:
(1) A systematic review in 2019 of the economics and
quality of life relating to treatment-resistant depression
summarized that major depressive disorder (in this subsection
referred to as ``MDD'') is a global public health concern and
that treatment-resistant depression in particular represents a
key unmet need. The findings of that review highlighted the
need for improved therapies for treatment-resistant depression
to reduce disease burden, lower medical costs, and improve the
quality of life of patients.
(2) The Clinical Practice Guideline for the Management of
MDD (in this subsection referred to as the ``CPG'') developed
jointly by the Department of Veterans Affairs and the
Department of Defense defines treatment-resistant depression as
at least two adequate treatment trials and lack of full
response to each.
(3) The CPG recommends electro-convulsive therapy (in this
subsection referred to as ``ECT'') as a treatment strategy for
patients who have failed multiple other treatment strategies.
(4) The CPG recommends offering repetitive transcranial
magnetic stimulation (in this subsection referred to as
``rTMS''), an intervention that is indicated by the Food and
Drug Administration, for treatment during a major depressive
episode in patients with treatment-resistant MDD.
(5) The final report of the Creating Options for Veterans'
Expedited Recovery Commission (commonly referred to as the
``COVER Commission'') established under section 931 of the
Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114-198; 38 U.S.C. 1701 note) found that treatment-
resistant depression is a major issue throughout the mental
health treatment system, and that an estimated 50 percent of
depressed patients are inadequately treated by available
interventions.
(6) The COVER Commission also reported data collected from
the Department of Veterans Affairs that found that only
approximately 1,166 patients throughout the Department were
referred for ECT in 2018 and only approximately 772 patients
were referred for rTMS during that year.
(b) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
an analysis of the feasibility and advisability of making repetitive
transcranial magnetic stimulation available at all medical facilities
of the Department of Veterans Affairs and electro-convulsive therapy
available at one medical center located within each Veterans Integrated
Service Network for the treatment of veterans who are enrolled in the
patient enrollment system and have a diagnosis of treatment-resistant
depression.
(c) Inclusion of Assessment of Report.--The analysis conducted
under subsection (b) shall include an assessment of the final report of
the COVER Commission submitted under section 931(e)(2) of the Jason
Simcakoski Memorial and Promise Act (title IX of Public Law 114-198; 38
U.S.C. 1701 note).
(d) Report.--Not later than 180 days after the conclusion of the
analysis conducted under subsection (b), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and who have a
diagnosis of treatment-resistant depression per Veterans
Integrated Service Network during the two-year period preceding
the date of the report.
(3) An assessment of the number of the veterans who are
enrolled in the patient enrollment system who have a diagnosis
of treatment-resistant depression and who have received or are
currently receiving repetitive transcranial magnetic
stimulation or electro-convulsive therapy as a treatment
modality during the two-year period preceding the date of the
report.
(4) An assessment of the number and locations of medical
centers of the Department that currently provide repetitive
transcranial magnetic stimulation to veterans who are enrolled
in the patient enrollment system and who have a diagnosis of
treatment-resistant depression.
(5) An assessment of the number and locations of medical
centers of the Department that currently provide electro-
convulsive therapy to veterans who are enrolled in the patient
enrollment system and who have a diagnosis of treatment-
resistant depression.
(e) Patient Enrollment System Defined.--In this section, the term
``patient enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established and
operated under section 1705(a) of title 38, United States Code.
SEC. 192. MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO INCLUDE PEER
SPECIALISTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall modify
the Veterans Equitable Resource Allocation system, or successor system,
to ensure that resource allocations under such system, or successor
system, include peer specialists appointed under section 7402(b)(13) of
title 38, United States Code.
(b) Veterans Equitable Resource Allocation System Defined.--In this
section, the term ``Veterans Equitable Resource Allocation system''
means the resource allocation system established pursuant to section
429 of the Departments of Veterans Affairs and House and Urban
Development, and Independent Agencies Appropriations Act, 1997 (Public
Law 104-204; 110 Stat. 2929).
SEC. 193. GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
a gap analysis throughout the entire health care system of the Veterans
Health Administration on the use and availability of psychotherapeutic
interventions recommended in widely used clinical practice guidelines
as recommended in the final report of the COVER Commission submitted
under section 931(e)(2) of the Jason Simcakoski Memorial and Promise
Act (title IX of Public Law 114-198; 38 U.S.C. 1701 note).
(b) Elements.--The gap analysis required under subsection (a) shall
include the following:
(1) An assessment of the psychotherapeutic interventions
available and routinely delivered to veterans at medical
centers of the Department of Veterans Affairs within each
Veterans Integrated Service Network of the Department.
(2) An assessment of the barriers faced by medical centers
of the Department in offering certain psychotherapeutic
interventions and why those interventions are not widely
implemented or are excluded from implementation throughout the
entire health care system of the Veterans Health
Administration.
(c) Report and Plan.--Not later than 180 days after completing the
gap analysis under subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives--
(1) a report on the results of the analysis; and
(2) a plan with measurable, time-limited steps for the
Department to implement--
(A) to address the gaps that limit access of
veterans to care; and
(B) to treat various mental health conditions
across the entire health care system of the Veterans
Health Administration.
SEC. 193A. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE
MENTAL HEALTH CARE OUTPATIENT VISITS OF VETERANS.
(a) Prohibition on Collection.--Chapter 17 of title 38, United
States Code, is amended by inserting after section 1722B the following
new section (and conforming the table of sections at the beginning of
such chapter accordingly):
``Sec. 1722C. Copayments: prohibition on collection of copayments for
first three mental health care outpatient visits of
veterans
``(a) Prohibition.--Except as provided in subsection (b),
notwithstanding section 1710(g) of this title or any other provision of
law, the Secretary may not impose or collect a copayment for the first
three mental health care outpatient visits of a veteran in a calendar
year for which the veteran would otherwise be required to pay a
copayment under the laws administered by the Secretary.
``(b) Copayment for Medications.--The prohibition under subsection
(a) shall not apply with respect to the imposition or collection of
copayments for medications pursuant to section 1722A of this title.
``(c) Mental Health Care Outpatient Visit Defined.--In this
section, the term `mental health care outpatient visit' means an
outpatient visit with a qualified mental health professional for the
primary purpose of seeking mental health care or treatment for
substance abuse disorder.
``(d) Sunset.--This section shall terminate on the date that is
five years after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to mental health care outpatient visits occurring on
or after the date that is 180 days after the date of the enactment of
this Act.
Subtitle I--Other Matters
SEC. 194. REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF HEALTH
CARE DELIVERY SYSTEMS AND MANAGEMENT PROCESSES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Ongoing Assessments.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section 1704 the
following new section:
``Sec. 1704A. Independent assessments of health care delivery systems
and management processes
``(a) Independent Assessments.--(1) Not less frequently than once
every 10 years, the Secretary shall enter into one or more contracts
with a private sector entity or entities described in subsection (d) to
conduct an independent assessment of the hospital care, medical
services, and other health care furnished by the Department.
``(2) Each assessment required under paragraph (1) shall address
each of the following:
``(A) Current and projected demographics and unique health
care needs of the patient population served by the Department.
``(B) The accuracy of models and forecasting methods used
by the Department to project health care demand, including with
respect to veteran demographics, rates of use of health care
furnished by the Department, the inflation of health care
costs, and such other factors as may be determined relevant by
the Secretary.
``(C) The reliability and accuracy of models and
forecasting methods used by the Department to project the
budgetary needs of the Veterans Health Administration and how
such models and forecasting methods inform budgetary trends.
``(D) The authorities and mechanisms under which the
Secretary may furnish hospital care, medical services, and
other health care at facilities of the Department and non-
Department facilities, including through Federal and private
sector partners and at joint medical facilities, and the effect
of such authorities and mechanisms on eligibility and access to
care.
``(E) The organization, workflow processes, and tools used
by the Department to support clinical staffing, access to care,
effective length-of-stay management and care transitions,
positive patient experience, accurate documentation, and
subsequent coding of inpatient services.
``(F) The efforts of the Department to recruit and retain
staff at levels necessary to carry out the functions of the
Veterans Health Administration and the process used by the
Department to determine staffing levels necessary for such
functions.
``(G) The staffing level at each medical facility of the
Department and the productivity of each health care provider at
the medical facility, compared with health care industry
performance metrics, which may include the following:
``(i) An assessment of the case load of, and number
of patients treated by, each health care provider at
such medical facility during an average week.
``(ii) An assessment of the time spent by each such
health care provider on matters other than the case
load of the health care provider, including time spent
by the health care provider as follows:
``(I) At a medical facility that is
affiliated with the Department.
``(II) Conducting research.
``(III) Training or supervising other
health care professionals of the Department.
``(iii) An assessment of the complexity of health
care conditions per patient treated by each health care
provider at such medical facility during an average
week.
``(H) The information technology strategies of the
Department with respect to furnishing and managing health care,
including an identification of any weaknesses or opportunities
with respect to the technology used by the Department,
especially those strategies with respect to clinical
documentation of hospital care, medical services, and other
health care, including any clinical images and associated
textual reports, furnished by the Department in facilities of
the Department or non-Department facilities.
``(I) Business processes of the Veterans Health
Administration, including processes relating to furnishing non-
Department health care, insurance identification, third-party
revenue collection, and vendor reimbursement, including an
identification of mechanisms as follows:
``(i) To avoid the payment of penalties to vendors.
``(ii) To increase the collection of amounts owed
to the Department for hospital care, medical services,
or other health care provided by the Department for
which reimbursement from a third party is authorized
and to ensure that such amounts collected are accurate.
``(iii) To increase the collection of any other
amounts owed to the Department with respect to hospital
care, medical services, or other health care and to
ensure that such amounts collected are accurate.
``(iv) To increase the accuracy and timeliness of
payments by the Department to vendors and providers.
``(v) To reduce expenditures while improving the
quality of care furnished.
``(J) The purchase, distribution, and use of
pharmaceuticals, medical and surgical supplies, medical
devices, and health care-related services by the Department,
including the following:
``(i) The prices paid for, standardization of, and
use by, the Department with respect to the following:
``(I) Pharmaceuticals.
``(II) Medical and surgical supplies.
``(III) Medical devices.
``(ii) The use by the Department of group
purchasing arrangements to purchase pharmaceuticals,
medical and surgical supplies, medical devices, and
health care-related services.
``(iii) The strategy and systems used by the
Department to distribute pharmaceuticals, medical and
surgical supplies, medical devices, and health care-
related services to Veterans Integrated Service
Networks and medical facilities of the Department.
``(K) The competency of Department leadership with respect
to culture, accountability, reform readiness, leadership
development, physician alignment, employee engagement,
succession planning, and performance management.
``(L) The effectiveness of the authorities and programs of
the Department to educate and train health personnel pursuant
to section 7302 of this title.
``(M) The conduct of medical and prosthetic research of the
Department.
``(N) The provision of assistance by the Department to
Federal agencies and personnel involved in responding to a
disaster or emergency.
``(O) Such additional matters as may be determined relevant
by the Secretary.
``(b) Timing.--The private sector entity or entities carrying out
an assessment pursuant to subsection (a) shall complete such assessment
not later than 18 months after entering into the contract described in
such paragraph.
``(c) Leveraging of Existing Data and Contracts.--To the extent
practicable, the private sector entity or entities carrying out an
assessment pursuant to subsection (a) shall--
``(1) make maximum use of existing data that has been
compiled by the Department, compiled for the Department, or
purchased by the Department, including data that has been
collected for--
``(A) the performance of quadrennial market
assessments under section 7330C of this title;
``(B) the quarterly publication of information on
staffing and vacancies with respect to the Veterans
Health Administration pursuant to section 505 of the VA
MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301
note); and
``(C) the conduct of annual audits pursuant to
section 3102 of the Johnny Isakson and David P. Roe,
M.D. Veterans Health Care and Benefits Improvement Act
of 2020 (Public Law 116-315; 38 U.S.C. 1701 note).
``(2) maximize the use of existing contracts and other
agreements of the Department for studies, analysis, data
collection, or research in order to efficiently fulfill the
requirements of this section.
``(d) Private Sector Entities Described.--A private sector entity
described in this subsection is a private entity that--
``(1) has experience and proven outcomes in optimizing the
performance of national health care delivery systems, including
the Veterans Health Administration, other federal health care
systems, and systems in the private, non-profit, or public
health care sector;
``(2) specializes in implementing large-scale
organizational and cultural transformations, especially with
respect to health care delivery systems; and
``(3) is not currently under contract with the Department
to provide direct or indirect patient care or related clinical
care services or supplies under the laws administered by the
Secretary.
``(e) Program Integrator.--(1) If the Secretary enters into
contracts with more than one private sector entity under subsection (a)
with respect to a single assessment under such subsection, the
Secretary shall designate one such entity as the program integrator.
``(2) The program integrator designated pursuant to paragraph (1)
shall be responsible for coordinating the outcomes of the assessments
conducted by the private sector entities pursuant to such contracts.
``(f) Reports.--(1)(A) Not later than 60 days after completing an
assessment pursuant to subsection (a), the private sector entity or
entities carrying out such assessment shall submit to the Secretary and
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
findings and recommendations of the private sector entity or entities
with respect to such assessment.
``(B) Each report under subparagraph (A) with respect to an
assessment shall include an identification of the following:
``(i) Any changes with respect to the matters included in
such assessment since the date that is the later of the
following:
``(I) The date on which the independent assessment
under section 201 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note) was completed.
``(II) The date on which the last assessment under
subsection (a) was completed.
``(ii) Any recommendations regarding matters to be covered
by subsequent assessments under subsection (a), including any
additional matters to include for assessment or previously
assessed matters to exclude.
``(2) Not later than 30 days after receiving a report under
paragraph (1), the Secretary shall publish such report in the Federal
Register and on a publicly accessible internet website of the
Department.
``(3) Not later than 90 days after receiving a report under
paragraph (1), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report outlining the feasibility and
advisability of implementing the recommendations made by the private
sector entity or entities in such report received, including an
identification of the timeline, cost, and any legislative authorities
necessary for such implementation.
``(g) Sunset.--The requirement to enter into contracts under
subsection (a) shall terminate on December 31, 2055.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1704 the following new item:
``1704A. Independent assessments of health care delivery systems and
management processes.''.
(c) Deadline for Initial Assessment.--The initial assessment under
section 1704A of title 38, United States Code, as added by subsection
(a), shall be completed by not later than December 31, 2025.
SEC. 195. IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF DATA
PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Review of Timeliness and Quality of Care Data.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete a review of data that is publicly available on
the Access to Care internet website of the Department of
Veterans Affairs (or successor website)) (in this section
referred to as the ``Website'').
(2) Analysis.--The review under paragraph (1) shall include
an analysis of the access to and usability of the publicly
available data on the Website, including a review of the
availability of the following data:
(A) Any numeric indicators relating to timely care,
effective care, safety, and veteran-centered care that
the Secretary collects at medical facilities of the
Department pursuant to section 1703C of title 38,
United States Code.
(B) The patient wait times information required by
subsection (a) of section 206 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-
146; 128 Stat. 1780); and
(C) the patient safety, quality of care, and
outcome measures required by subsection (b) of such
section 206.
(3) Consultation.--In conducting the review under paragraph
(1) of data described in such paragraph, the Secretary shall
consult with veterans service organizations, veterans, and
caregivers of veterans from geographically diverse areas and
representing different eras of service in the Armed Forces to
gather insights about potential modifications that could help
improve the understanding and use of such data.
(4) Report.--Not later than 30 days after completing the
review under paragraph (1), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the outcome of the review, including an assessment of how
the Secretary plans to modify the presentation of data
described in such paragraph in light of the findings of the
review.
(b) Requirements of Website.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, in addition to the requirements of
section 206(b)(4) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 128 Stat.
1781), the Secretary shall ensure that the Website meets the
following requirements:
(A) The Website is directly accessible from--
(i) the main homepage of the publicly
accessible internet website of the Department;
and
(ii) the main homepage of the publicly
accessible internet website of each medical
center of the Department.
(B) Where practicable, the Website is organized and
searchable by each medical center of the Department.
(C) The Website is easily understandable and usable
by the general public.
(2) Consultation and contract authority.--In carrying out
the requirements of paragraph (1)(C), the Secretary--
(A) shall consult with--
(i) veterans service organizations; and
(ii) veterans and caregivers of veterans
from geographically diverse areas and
representing different eras of service in the
Armed Forces; and
(B) may enter into a contract to design the Website
with a company, non-profit entity, or other entity
specializing in website design that has substantial
experience in presenting health care data and
information in a easily understandable and usable
manner to patients and consumers.
(c) Accuracy of Data.--
(1) Annual process.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall develop
and implement a process to annually audit a generalizable
subset of the data contained on the Website to assess the
accuracy and completeness of the data.
(2) Criteria.--The Secretary shall ensure that each audit
under paragraph (1)--
(A) determines the extent that the medical record
information, clinical information, data, and
documentation provided by each medical facility of the
Department that is used to calculate the information on
the Website is accurate and complete;
(B) identifies any deficiencies in the recording of
medical record information, clinical information, or
data by medical facilities of the Department that
affects the accuracy and completeness of the
information on the Website; and
(C) provides recommendations to medical facilities
of the Department on how to--
(i) improve the accuracy and completeness
of the medical record information, clinical
information, data, and documentation that is
used to calculate the information on the
Website; and
(ii) ensure that each medical facility of
the Department provides such information in a
uniform manner.
(3) Annual report.--Not later than two years after the date
of the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the findings of each audit under
paragraph (1).
TITLE II--BENEFITS MATTERS
Subtitle A--Benefits Generally
SEC. 201. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS AFFAIRS
FOR CLOTHING ALLOWANCE CLAIMS.
(a) Short Title.--This section may be cited as the .
(b) Process for Clothing Allowance Claims.--Section 1162 of title
38, United States Code, is amended--
(1) by striking ``The Secretary under'' and inserting:
``(a) Eligibility Requirements.--The Secretary, under'';
(2) in paragraph (2)--
(A) by striking ``which (A) a physician'' and
inserting: ``which--''
``(A) a physician''; and
(B) by striking ``, and (B) the Secretary'' and
inserting the following: ``; and
``(B) the Secretary''; and
(3) by adding at the end the following new subsections:
``(b) Continuous Nature of Payments.--Payments made to a veteran
under subsection (a) shall continue on an automatically recurring
annual basis until the earlier of the following:
``(1) The date on which the veteran elects to no longer
receive such payments.
``(2) The date on which the Secretary determines the
veteran is no longer eligible pursuant to subsection (c).
``(c) Reviews of Claims.--(1) The Secretary shall, in accordance
with this subsection, conduct reviews of a claim on which a clothing
allowance for a veteran under subsection (a) is based to determine the
continued eligibility of the veteran for such allowance.
``(2) The Secretary shall prescribe standards for determining
whether a claim for a clothing allowance is based on a veteran's
wearing or use of a prosthetic, orthopedic appliance (including a
wheelchair), or medication whose wear or tear or irreparable damage on
a veteran's outergarments or clothing is as likely as not subject to no
change for the duration of such wearing or use.
``(3)(A) If the Secretary determines, pursuant to standards
prescribed under paragraph (2), that a claim for a clothing allowance
is based on wear or tear or irreparable damage that is as likely as not
subject to no change, the veteran shall continue to be deemed eligible
for receipt of a clothing allowance under this section until the
Secretary--
``(i) receives notice under subparagraph (B); or
``(ii) finds otherwise under subparagraph (C) or (D).
``(B) The Secretary shall require a veteran who is receiving a
clothing allowance under subsection (a), based on the wearing or use of
a prosthetic, orthopedic appliance (including a wheelchair), or
medication, to notify the Secretary when the veteran terminates the
wearing or use of such a prosthetic, orthopedic appliance, or
medication.
``(C) For each veteran who is receiving a clothing allowance under
subsection (a), based on the wearing or use of a prosthetic, orthopedic
appliance (including a wheelchair), or medication, the Secretary shall
periodically review the veteran's Department records for evidence that
the veteran has terminated the wearing or use of such a prosthetic,
orthopedic appliance, or medication.
``(D) If a veteran who is receiving a clothing allowance under
subsection (a), based on the wearing or use of a prosthetic, orthopedic
appliance (including a wheelchair), or medication, has received such
clothing allowance beyond the prescribed or intended lifespan of such
prosthetic, orthopedic appliance, or medication, the Secretary may
periodically request the veteran to attest to continued usage.
``(4) If the Secretary determines that a claim for a clothing
allowance under subsection (a) does not meet the requirements of
paragraph (3)(A), then the Secretary may require the veteran to
recertify the veteran's continued eligibility for a clothing allowance
under this section periodically, but not more frequently than once each
year.
``(5) When reviewing a claim under this subsection, the Secretary
shall evaluate the evidence presented by the veteran and such other
relevant evidence as the Secretary determines appropriate.
``(d) Determination Regarding Continued Eligibility.--If the
Secretary determines, as the result of a review of a claim conducted
under subsection (c), that the veteran who submitted such claim no
longer meets the requirements specified in subsection (a), the
Secretary shall--
``(1) provide to the veteran notice of such determination
that includes a description of applicable actions that may be
taken following the determination, including the actions
specified in section 5104C of this title; and
``(2) discontinue the clothing allowance based on such
claim.''.
(c) Applicability.--The amendments made by subsection (b) shall
apply with respect to--
(1) claims for clothing allowance submitted on or after the
date of the enactment of this Act; and
(2) claims for clothing allowance submitted prior to the
date of the enactment of this Act, if the veteran who submitted
such claim is in receipt of the clothing allowance as of the
date of the enactment of this Act.
SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED
DISABILITIES WHO DIE OF COVID-19.
(a) In General.--The Secretary of Veterans Affairs shall secure a
medical opinion to determine if a service-connected disability was the
principal or contributory cause of death before notifying the survivor
of the final decision in any case in which all of the following factors
are met:
(1) A claim for compensation is filed under chapter 13 of
title 38, United States Code, with respect to a veteran with
one or more service-connected disabilities who dies.
(2) The death certificate for the veteran identifies
Coronavirus Disease 2019 (COVID-19) as the principal or
contributory cause of death.
(3) The death certificate does not clearly identify any of
the service-connected disabilities of the veteran as the
principal or contributory cause of death.
(4) A service-connected disability of the veteran includes
a condition more likely to cause severe illness from COVID-19
as determined by the Centers for Disease Control and
Prevention.
(5) The claimant is not entitled to benefits under section
1318 of such title.
(6) The evidence to support the claim does not result in a
preliminary finding in favor of the claimant.
(b) Outreach.--The Secretary shall provide information to veterans,
dependents, and veterans service organizations about applying to
dependency and indemnity compensation when a veteran dies from COVID-
19. The Secretary shall provide such information through the website of
the Department of Veterans Affairs and via other outreach mechanisms.
(c) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five
years, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the effects of the
requirement to secure medical opinions pursuant to such
subsection on dependency and indemnity compensation benefits
under chapter 13 of title 38, United States Code.
(2) Contents.--Each report submitted under paragraph (1)
shall include, with respect to the year for which the report is
submitted, the following:
(A) The total number of dependency and indemnity
compensation claims filed.
(B) The number and percentage of dependency and
indemnity compensation claims for which a disposition
has been made, disaggregated by whether the disposition
was a grant, denial, deferral, or withdrawal.
(C) The accuracy rate for all dependency and
indemnity compensation claims.
(D) The total number of covered claims filed.
(E) The number and percentage of covered claims for
which a disposition has been made, disaggregated by
whether the disposition was a grant, denial, deferral,
or withdrawal.
(F) The accuracy rate for covered claims.
(G) The total number and cost of medical opinions
secured by the Secretary pursuant to subsection (a).
(d) Study on Claims Denied Prior to Enactment.--
(1) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall complete a study on
covered claims that were denied prior to the date of the
enactment of this Act and submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the findings of the
Secretary with respect to such study, including a description
of any improvements made as a result of such study to trainings
of the Department of Veterans Affairs relating to dependency
and indemnity compensation claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied prior to the date of the
enactment of this Act, the following elements:
(A) A review of whether the individuals processing
such covered claims--
(i) correctly applied applicable laws,
regulations, and policies, operating
procedures, and guidelines of the Department of
Veterans Affairs relating to the adjudication
of dependency and indemnity compensation
claims; and
(ii) completed all necessary claim
development actions prior to making a
disposition for the claim.
(B) An identification of--
(i) the total number of covered claims
reviewed under the study;
(ii) the number and percentage of such
covered claims the processing of which involved
errors;
(iii) the top five claims processing errors
and the number of such covered claims the
processing of which involved any of such five
errors.
(e) Study on Claims Denied Following Enactment.--
(1) Study.--Not later than two years after the date of the
enactment of this Act, the Secretary shall complete a study on
covered claims that have been denied following the date of the
enactment of this Act and submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the findings of the
Secretary with respect to such study, including a description
of any improvements made as a result of such study to trainings
of the Department of Veterans Affairs relating to dependency
and indemnity compensation claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied following the date of the
enactment of this Act, each of the elements specified in
subsection (d)(3).
(f) Covered Claim Defined.--In this section, the term ``covered
claim'' means a dependency and indemnity compensation claim filed with
respect to a veteran the death certificate of whom identifies COVID-19
as the principal or contributory cause of death.
SEC. 203. ENHANCED LOAN UNDERWRITING METHODS.
(a) In General.--Section 3710 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(i)(1) The Secretary, in consultation with the advisory group
established under paragraph (3)(A), shall prescribe regulations and
issue guidance to assist lenders in evaluating the sufficiency of the
residual income of a veteran pursuant to paragraph (2).
``(2)(A) Pursuant to the regulations and guidance prescribed under
paragraph (1), in the case of a loan to a veteran to be guaranteed
under this chapter, if the veteran provides to the lender an energy
efficiency report described in subparagraph (B) --
``(i) the evaluation by the lender of the sufficiency of
the residual income of the veteran shall include a
consideration of the estimate of the expected energy cost
savings contained in the report; and
``(ii) the lender may apply the underwriting expertise of
the lender in adjusting the residual income of the veteran in
accordance with the information in the report.
``(B) An energy efficiency report described in this subparagraph is
a report made with respect to a home for which a loan is to be
guaranteed under this chapter that includes each of the following:
``(i) An estimate of the expected energy cost savings
specific to the home, based on specific information about the
home, including savings relating to electricity or natural gas,
oil, and any other fuel regularly used to supply energy to the
home.
``(ii) Any information required to be included pursuant to
the regulations and guidance and regulations prescribed by the
Secretary under paragraph (1).
``(iii) Information with respect to the energy efficiency
of the home as determined pursuant to--
``(I) the Residential Energy Service Network's Home
Energy Rating System (commonly know as `HERS') by an
individual certified by such Network; or
``(II) an other method determined appropriate by
the Secretary, in consultation with the advisory group
under paragraph (3), including with respect to third-
party quality assurance procedures.
``(3)(A) To assist the Secretary in carrying out this subsection,
the Secretary shall establish an advisory group consisting of
individuals representing the interests of--
``(i) mortgage lenders;
``(ii) appraisers;
``(iii) energy raters and residential energy consumption
experts;
``(iv) energy efficiency organizations;
``(v) real estate agents;
``(vi) home builders and remodelers;
``(vii) consumer advocates;
``(viii) veterans' service organizations; and
``(ix) other persons determined appropriate by the
Secretary.
``(B) The advisory group established under subparagraph (A) shall
not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
``(4) The Secretary shall ensure that marketing materials that the
Secretary provides to veterans with respect to loans guaranteed under
this chapter include information regarding the use of energy efficiency
reports under this subsection.
``(5) Not later than one year after the date on which the Secretary
issues the regulations and guidance pursuant to paragraph (2), and
every year thereafter, the Secretary shall submit to Congress and make
publicly available a report that includes the following information for
the year covered by the report:
``(A) An enumeration of the number of loans guaranteed
under this chapter for which a veteran provided to the
Secretary an energy efficiency report under this subsection,
including the number of such loans for which cost savings were
taken into account pursuant to paragraph (1).
``(B) Of the number of loans enumerated under subparagraph
(A), an enumeration of the default rates and rates of
foreclosure, including how such enumeration compares with the
default rates and rates of foreclosure for guaranteed loans for
which no energy efficiency report is provided.''.
(b) Clarification of Requirements Regarding Energy Efficiency
Standards.--Section 3704(f) of such title is amended by striking ``such
standards'' and inserting the following: ``the standards established
under such section 109, as in effect on the date of such
construction''.
SEC. 204. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``January 14, 2031'' each place it appears
and inserting ``November 14, 2031''.
Subtitle B--Education
SEC. 211. NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVERSITIES PILOT
PROGRAM.
(a) Short Title.--This section may be cited as the ``Native
VetSuccess at Tribal Colleges and Universities Pilot Program Act''.
(b) Pilot Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence carrying out a pilot program to assess the
feasibility and advisability of expanding the VetSuccess on
Campus program to additional Tribal colleges and universities.
(2) Designation.--The pilot program carried out under
paragraph (1) shall be known as the ``Native VetSuccess at
Tribal Colleges and Universities Pilot Program''.
(c) Duration.--The Secretary shall carry out the pilot program
required by subsection (b)(1) during the five-year period beginning on
the date of the commencement of the pilot program.
(d) Parameters.--Under the pilot program required by subsection
(b)(1) the Secretary shall--
(1) identify three regional Native VetSuccess service areas
consisting of at least two participating Tribal colleges or
universities that do not already have a VetSuccess program,
counselor, or outreach coordinator; and
(2) assign to each regional Native VetSuccess service area
a VetSuccess on Campus counselor and a full-time Vet Center
outreach coordinator, both of whom shall--
(A) be based on one or more of the participating
Tribal colleges or universities in the service area;
and
(B) provide for eligible students at such
participating colleges and universities with all
services for which such students would be eligible
under the VetSuccess on Campus program of the
Department of Veterans Affairs.
(e) Eligible Students.--For purposes of the pilot program, an
eligible student is a student who is a veteran, member of the Armed
Forces, or dependent of a veteran or member of the Armed Forces who is
eligible for any service or benefit under the VetSuccess on Campus
program of the Department.
(f) Consultation Requirement.--In developing the pilot program
required by subsection (b)(1), the Secretary shall, acting through the
Veteran Readiness and Employment Program of the Department of Veterans
Affairs and in coordination with the Office of Tribal Government
Relations of the Department, consult with Indian Tribes, and Tribal
organizations, and seek comment from the Advisory Committee on Tribal
and Indian Affairs of the Department, and veterans service
organizations regarding each of the following:
(1) The design of the pilot program.
(2) The process for selection of the three regional Native
VetSuccess service areas and participating Tribal colleges and
universities, taking into consideration--
(A) the number of eligible students enrolled in the
college or university and in the regional service area;
(B) the capacity of the colleges and universities
in the regional service area to accommodate a full-time
VetSuccess on Campus counselor and a full-time Vet
Center outreach coordinator;
(C) barriers in specific regional service areas
that prevent native veterans' access to benefits and
services under the laws administered by the Secretary;
and
(D) any other factor that the Secretary, in
consultation with Indian Tribes and Tribal
organizations, and after considering input from
veterans service organizations and the Advisory
Committee on Tribal and Indian Affairs identifies as
relevant.
(3) The most effective way to provide culturally competent
outreach and services to eligible students at Tribal colleges
and universities.
(g) Outreach to Colleges and Universities.--The Secretary shall
provide notice of the pilot program to all Tribal colleges and
universities and encourage all Tribal colleges and universities to
coordinate with each other to create regional service areas to
participate in the pilot program.
(h) Briefings and Reports.--
(1) Implementation briefing.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
provide the appropriate committees of Congress a briefing on--
(A) the design, structure, and objectives of the
pilot program required by subsection (b)(1); and
(B) the three regional Native Vet Success service
areas and the Tribal colleges and universities selected
for participation in the pilot program and the reason
for the selection of such service areas and such
colleges and universities.
(2) Report.--
(A) In general.--Not later than four years after
the date on which the Secretary commences the pilot
program under subsection (b)(1), the Secretary shall
submit to the appropriate committees of Congress a
report on the pilot program.
(B) Contents.--The report submitted under
subparagraph (A) shall include each of the following:
(i) The number of eligible students
provided services through the pilot program.
(ii) The types of services that eligible
students received through the pilot program.
(iii) The graduation rate of eligible
students who received services through the
pilot program and graduation rate of eligible
students who did not receive services through
the pilot program.
(iv) The rate of employment within one year
of graduation for eligible students who
received services through the pilot program.
(v) Feedback from each Tribal college or
university that participated in the pilot
program, including on the regional nature of
the program.
(vi) Analysis of the feasibility of
expanding a regionally based Native VetSuccess
at Tribal Colleges and Universities Program,
including an explanation of the challenges of
such a model due to issues with distance,
communication, and coordination, and to the
level of unmet services.
(vii) A detailed proposal regarding a long-
term extension of the pilot program, including
a budget, unless the Secretary determines that
such an extension is not appropriate.
(i) Definitions.--In this section:
(1) Appropriate committee of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Indian Affairs of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Natural Resources of the House of
Representatives.
(2) Culturally competent.--The term ``culturally
competent'' means considerate of the unique values, customs,
traditions, cultures, and languages of Native American
veterans.
(3) Tribal college or university.--The term ``Tribal
college or university'' has the meaning given the term ``Tribal
College or University'' under section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c).
(4) Tribal organization.--The term ``Tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
SEC. 212. EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES
REGARDING REGISTERED APPRENTICESHIPS.
Section 1144(b)(1) of title 10, United States Code, is amended by
inserting ``(including apprenticeship programs approved under chapters
30 through 36 of title 38)'' after ``employment opportunities''.
SEC. 213. WEBSITES REGARDING APPRENTICESHIP PROGRAMS.
(a) Website Under the Jurisdiction of Secretary of Labor.--The
Assistant Secretary of Labor for Veterans' Employment and Training, in
coordination with the Secretary of Veterans Affairs, shall establish a
user-friendly website (or update an existing website) that is available
to the public on which veterans can find information about
apprenticeship programs registered under the Act of August 16, 1937 (50
Stat. 664; commonly referred to as the ``National Apprenticeship Act'')
and approved under chapters 30 through 36 of title 38, United States
Code. Such information shall be searchable and sortable by occupation
and location, and include, with regard to each such program, the
following:
(1) A description, including any cost to a veteran.
(2) Contact information.
(3) Whether the program has been endorsed by a veterans
service organization or nonprofit organization that caters to
veterans.
(4) Whether the program prefers to hire veterans.
(5) Each certification or degree an individual earns by
completing the program.
(b) Coordination With Other Website.--The Assistant Secretary shall
update all information regarding programs for veterans listed on
apprenticeship.gov (or any successor website) to include the
information specified under subsection (a).
SEC. 214. TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraph (4) of section 3319(h) of title 38,
United States Code, is amended to read as follows:
``(4) Death of transferor.--
``(A) In general.--The death of an individual
transferring an entitlement under this section shall
not affect the use of the entitlement by the dependent
to whom the entitlement is transferred.
``(B) Death prior to transfer to designated
transferees.--(i) In the case of an eligible individual
whom the Secretary has approved to transfer the
individual's entitlement under this section who, at the
time of death, is entitled to educational assistance
under this chapter and has designated a transferee or
transferees under subsection (e) but has not
transferred all of such entitlement to such transferee
or transferees, the Secretary shall transfer the
entitlement of the individual under this section by
evenly distributing the amount of such entitlement
between all such transferees who would not be precluded
from using some or all of the transferred benefits due
to the expiration of time limitations found in
paragraph (5) of this subsection or section 3321 of
this title, notwithstanding the limitations under
subsection (f).
``(ii) If a transferee cannot use all of the
transferred benefits under clause (i) because of
expiration of a time limitation, the unused benefits
will be distributed among the other designated
transferees who would not be precluded from using some
or all of the transferred benefits due to expiration of
time limitations found in paragraph (5) of this
subsection or section 3321 of this title, unless or
until there are no transferees who would not be
precluded from using the transferred benefits because
of expiration of a time limitation.''.
(b) Applicability.--Paragraph (4)(B) of section 3319(h) of title
38, United States Code, shall apply with respect to an eligible
individual who dies on or after November 1, 2018.
SEC. 215. USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS
SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM
FOR SECONDARY SCHOOL EDUCATION.
(a) In General.--Section 3501(a)(6) of title 38, United States
Code, is amended--
(1) by striking ``secondary school,''; and
(2) by striking ``secondary school level'' and inserting
``postsecondary school level''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2026, and shall apply with respect to an
academic period that begins on or after that date.
SEC. 216. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES
WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN
EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE.
(a) Establishment.--Chapter 36 of title 38, United States Code,
amended by inserting after section 3691 the following new section:
``Sec. 3691A. Withdrawal or leave of absence from certain education
``(a) In General.--(1) A covered member may, after receiving orders
to enter a period of covered service, withdraw or take a leave of
absence from covered education.
``(2)(A) The institution concerned may not take any adverse action
against a covered member on the basis that such covered member
withdraws or takes a leave of absence under paragraph (1).
``(B) Adverse actions under subparagraph (A) include the following:
``(i) The assignment of a failing grade to a covered member
for covered education.
``(ii) The reduction of the grade point average of a
covered member for covered education.
``(iii) The characterization of any absence of a covered
member from covered education as unexcused.
``(iv) The assessment of any financial penalty against a
covered member.
``(b) Withdrawal.--If a covered member withdraws from covered
education under subsection (a), the institution concerned shall refund
all tuition and fees (including payments for housing) for the academic
term from which the covered member withdraws.
``(c) Leave of Absence.--If a covered member takes a leave of
absence from covered education under subsection (a), the institution
concerned shall--
``(1) assign a grade of `incomplete' (or equivalent) to the
covered member for covered education for the academic term from
which the covered member takes such leave of absence; and
``(2) to the extent practicable, permit the covered member,
upon completion of the period covered service, to complete such
academic term.
``(d) Definitions.--In this section:
``(1) The term `covered education' means a course of
education--
``(A) at an institution of higher education; and
``(B) paid for with educational assistance
furnished under a law administered by the Secretary.
``(2) The term `covered member' means a member of the Armed
Forces (including the reserve components) enrolled in covered
education.
``(3) The term `covered service' means--
``(A) active service or inactive-duty training, as
such terms are defined in section 101 of title 10; or
``(B) State active duty, as defined in section 4303
of this title.
``(4) The term `institution concerned' means, with respect
to a covered member, the institution of higher education where
the covered member is enrolled in covered education.
``(5) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(6) The term `period of covered service' means the period
beginning on the date on which a covered member enters covered
service and ending on the date on which the covered member is
released from covered service or dies while in covered
service.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such chapter is amended by inserting after the item relating to section
3691 the following new item:
``3691A.Withdrawal or leave of absence from certain education.''.
Subtitle C--GI Bill National Emergency Extended Deadline Act
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``GI Bill National Emergency
Extended Deadline Act of 2022''.
SEC. 232. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT UNDER
DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE
PROGRAMS BY REASON OF SCHOOL CLOSURES DUE TO EMERGENCY
AND OTHER SITUATIONS.
(a) Montgomery GI Bill.--Section 3031 of title 38, United States
Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because of a covered reason, as
determined by the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
individual is able to resume pursuit of a program of
education with educational assistance under this
chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1) of such
title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection in
the same manner as such subsection (i) applies under such
section 3031 with respect to the running of the 10-year period
described in subsection (a) of such section.''.
SEC. 233. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF SCHOOL
CLOSURES DUE TO EMERGENCY AND OTHER SITUATIONS UNDER
DEPARTMENT OF VETERANS AFFAIRS TRAINING AND
REHABILITATION PROGRAM FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a vocational
rehabilitation program under this chapter and who is prevented from
participating in the vocational rehabilitation program within the
period of eligibility prescribed in subsection (a) because of a covered
reason, as determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
veteran is able to resume participation in a vocational
rehabilitation program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 234. PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 3512 of title 38, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of this section, the
following persons may be afforded educational assistance under this
chapter at any time after August 1, 2023, and without regard to the age
of the person:
``(1) A person who first becomes an eligible person on or
after August 1, 2023.
``(2) A person who--
``(A) first becomes an eligible person before
August 1, 2023; and
``(B) becomes 18 years of age, or completes
secondary schooling, on or after August 1, 2023.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``The educational'' and
inserting ``Except as provided in subsection (g), the
educational'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``subsection
(g) or'' after ``provided in''; and
(B) in paragraph (2), by striking
``Notwithstanding'' and inserting ``Except as provided
in subsection (g), notwithstanding''; and
(3) in subsection (e), by striking ``No person'' and
inserting ``Except as provided in subsection (g), no person''.
Subtitle D--Rural Veterans Travel Enhancement
SEC. 241. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON FRAUD,
WASTE, AND ABUSE OF THE DEPARTMENT OF VETERANS AFFAIRS
BENEFICIARY TRAVEL PROGRAM.
(a) Study and Report Required.--Not later than three years after
the date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) complete a study on fraud, waste, and abuse of the
benefits furnished under section 111 of title 38, United States
Code, that may have occurred during the five-year period ending
on the date of the enactment of this Act; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
(b) Elements.--Study conducted under subsection (a)(1) shall cover
the following:
(1) The quantity and monetary amount of claims that have
been adjudicated as fraudulent or improper, disaggregated, to
the extent possible, by general health care travel and by
special mode of transportation.
(2) Instances of potential fraud or improper payments that
may have occurred but were not detected, disaggregated, to the
extent possible, by general health care travel and by special
mode of transportation.
(3) The efforts of the Secretary of Veterans Affairs to
mitigate fraud and the effectiveness of the efforts of the
Secretary.
(4) Assessment of communication and training provided by
the Department of Veterans Affairs to employees and contractors
handling claims filed under section 111 of such title regarding
fraud.
(5) Such recommendations as the Comptroller General may
have for further mitigation of fraud, waste, and abuse.
SEC. 242. COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF
DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM
MILEAGE REIMBURSEMENT AND DEDUCTIBLE AMOUNTS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) complete a study on--
(A) the efficacy of the current mileage
reimbursement rate under subsection (a) of section 111
of title 38, United States Code, in mitigating the
financial burden of transportation costs for traveling
to and from Department of Veterans Affairs medical
facilities for medical care;
(B) the origins of the amount of the deductible
under subsection (c) of such section and its impact on
the efficacy of the benefits provided under such
section in mitigating financial burden on veterans
seeking medical care; and
(C) developing such recommendations as the
Comptroller General may have for how this program or
another transportation assistance program could further
encourage veterans, especially low-income veterans, to
seek medical care, especially mental health care; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
SEC. 243. DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT PROGRAM
FOR LOW INCOME VETERANS.
(a) Pilot Program Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program to assess the feasibility and
advisability of providing payments authorized under subsection (a) of
section 111 of title 38, United States Code, 48 hours in advance of
travel to eligible appointments to veterans and other eligible
individuals who are also eligible for a deduction waiver as provided by
paragraphs (3) and (4) of subsection (c) of such section.
(b) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement
of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the completion of the pilot program, the Secretary shall submit
to Congress a report on the findings of the Secretary with
respect to the pilot program.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The number of individuals who benefitted from
the pilot program broken, disaggregated by geographic
location, race or ethnicity, age, disability rating,
and sex.
(B) Average distance traveled by participants to
appointments and average funds provided per
appointment, disaggregated by geographic region.
(C) A description of any impediments to carrying
out the pilot program.
(D) An account of payments provided for travel that
did not occur or was authorized incorrectly.
(E) An account of any attempts to retrieve such
payment.
(F) Recommendations of the Secretary for
legislative or administrative action to reduce improper
payments.
(G) An assessment of the feasibility and
advisability of providing payments as described in
subsection (a).
SEC. 244. PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR ACCESSING
READJUSTMENT COUNSELING SERVICES.
(a) Pilot Program Required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary shall establish and
commence a pilot program, within the Readjustment Counseling Services
of the Veterans Health Administration, to assess the feasibility and
advisability of providing payment to cover or offset financial
difficulties of an individual in accessing or using transportation to
and from the nearest Vet Center service site providing the necessary
readjustment counseling services for the individual's plan of service.
(b) Participation.--
(1) In general.--In carrying out the pilot program required
by subsection (a), the Secretary shall limit participation--
(A) by individuals pursuant to paragraph (2); and
(B) by Vet Centers pursuant to paragraph (3).
(2) Participation by individuals.--
(A) In general.--The Secretary shall limit
participation in the pilot program to individuals who
are eligible for services at a participating Vet Center
and experiencing financial hardship.
(B) Financial hardship.--The Secretary shall
determine the meaning of ``financial hardship'' for
purposes of subparagraph (A).
(3) Participation of vet centers.--Vet Centers
participating in the program shall be chosen by the Secretary
from among those serving individuals in areas designated by the
Secretary as rural or highly rural or Tribal lands.
(c) Travel Allowances and Reimbursements.--Under the pilot program
required by subsection (a), the Secretary shall provide a participating
individual a travel allowance or reimbursement at the earliest time
practicable, but not later than 10 business days after the date of the
appointment.
(d) Duration.--The Secretary shall carry out the pilot program
required by subsection (a) during the five-year period beginning on the
date of the commencement of the pilot program.
(e) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the
Secretary for purposes of the pilot program.
(2) Existing initiative.--
(A) Locations participating in existing
initiative.--Of the locations selected under paragraph
(1), four shall be the locations participating in the
initiative commenced under section 104(a) of the
Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012 (Public Law 112-154), as most
recently amended by section 105 of the Continuing
Appropriations and Ukraine Supplemental Appropriations
Act, 2023 (Public Law 117-180), as of the date of the
enactment of this Act.
(B) Termination of existing initiative.--Section
104(a) of the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012, as so amended,
is further amended by striking ``September 30, 2023''
and inserting ``the date on which the pilot program
required by subsection (a) of section 244 of the Joseph
Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of
2022 commences at each of the locations described in
subsection (e)(2)(A) of such section''.
(f) Annual Reports.--
(1) In general.--Not later than one year after the date of
the commencement of the pilot program required by subsection
(a) and each year thereafter for the duration of the pilot
program, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
findings of the Secretary with respect to the pilot program.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The number of individuals who benefitted from
the pilot program, disaggregated by age, race or
ethnicity, and sex, to the extent possible.
(B) The average distance traveled by each
individual per each Vet Center.
(C) The definition of financial hardship determined
by the Secretary under subsection (b)(2)(B).
(D) A description of how the funds are distributed.
(E) The average amount of funds distributed per
instance, disaggregated by Vet Center.
(F) A description of any impediments to the
Secretary in paying expenses or allowances under the
pilot program.
(G) An assessment of the potential for fraudulent
receipt of payment under the pilot program and the
recommendations of the Secretary for legislative or
administrative action to reduce such fraud.
(H) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate with respect to the payment of expenses or
allowances.
(g) Vet Center Defined.--In this section, the term ``Vet Center''
means a center for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
Subtitle E--VA Beneficiary Debt Collection Improvement Act
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``VA Beneficiary Debt Collection
Improvement Act of 2022''.
SEC. 252. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO DELAY IN
PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Bar to Recovery.--
(1) In general.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5302A the following
new section:
``Sec. 5302B. Prohibition of debt arising from overpayment due to delay
in processing
``(a) Limitation.--(1) Except as provided in paragraph (2), no
individual may incur a debt to the United States that--
``(A) arises from the participation of the individual in a
program or benefit administered by the Under Secretary for
Benefits; and
``(B) is attributable to the failure of an employee or
official of the Department to process information provided by
or on behalf of that individual within applicable timeliness
standards established by the Secretary.
``(2) Nothing in this section shall be construed to affect the
penal and forfeiture provisions for fiduciaries set forth in chapter 61
of this title.
``(b) Notice.--(1) If the Secretary determines that the Secretary
has made an overpayment to an individual, the Secretary shall provide
notice to the individual of the overpayment.
``(2) Notice under paragraph (1) shall include a detailed
explanation of the right of the individual--
``(A) to dispute the overpayment, including a detailed
explanation of the process by which to dispute the overpayment;
or
``(B) to request a waiver of indebtedness.
``(c) Delay on Collection.--(1) Subject to paragraph (2), the
Secretary may not take any action under section 3711 of title 31
regarding an overpayment described in a notice under subsection (b) of
this section until the date that is 90 days after the date the
Secretary issues such notice.
``(2) The Secretary may take action under section 3711 of title 31
regarding an overpayment described in a notice under subsection (b) of
this section before the date that is 90 days after the date the
Secretary issues such notice if the Secretary determines that delaying
such action is--
``(A) likely to make repayment of such overpayment more
difficult for an individual;
``(B) likely to cause an unpaid debt to be referred to the
Treasury Offset Program; or
``(C) not in the best interest of the individual.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5302A the following new item:
``5302B. Prohibition of debt arising from overpayment due to delay in
processing.''.
(3) Deadline.--The Secretary of Veterans Affairs shall
prescribe regulations to establish standards under section
5302B(a)(2) of such title, as added by subsection (a), not
later than 180 days after the date of the enactment of this
Act.
(b) Plan for Improved Notification and Communication of Debts.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and one year thereafter, the
Secretary of Veterans Affairs shall provide the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of representatives a briefing and submit
to such committees a report on the improvement of the
notification of and communication with individuals who receive
overpayments made by the Secretary.
(2) Contents.--Each report under paragraph (1) shall
include each of the following:
(A) The plan of the Secretary to carry out each of
the following:
(i) The development and implementation of a
mechanism by which individuals enrolled in the
patient enrollment system under section 1705 of
title 38, United States Code, may view their
monthly patient medical statements
electronically.
(ii) The development and implementation of
a mechanism by which individuals eligible for
benefits under the laws administered by the
Secretary may receive electronic correspondence
relating to debt and overpayment information.
(iii) The development and implementation of
a mechanism by which individuals eligible for
benefits under the laws administered by the
Secretary may access information related to
Department of Veterans Affairs debt
electronically.
(iv) The improvement and clarification of
Department communications relating to
overpayments and debt collection, including
letters and electronic correspondence and
including information relating to the most
common reasons individuals eligible for
benefits under the laws administered by the
Secretary incur debts to the United States and
the process for requesting a waiver of such
debt. The Secretary shall develop such
improvements and clarifications in consultation
with veterans service organizations, labor
organizations that represent employees of the
Department, other relevant nongovernmental
organizations, the Committee on Veterans'
Affairs of the Senate, and the Committee on
Veterans' Affairs of the House of
Representatives.
(B) A description of the current efforts and plans
for improving the accuracy of payments to individuals
entitled to benefits under the laws administered by the
Secretary, including specific data matching agreements.
(C) A description of steps to be taken to improve
the identification of underpayments to such individuals
and to improve Department procedures and policies to
ensure that such individuals who are underpaid receive
adequate compensation payments.
(D) A list of actions completed, implementation
steps, and timetables for each requirement described in
subparagraphs (A) through (C).
(E) A description of any new legislative authority
required to complete any such requirement.
SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST AND
ADMINISTRATIVE COST CHARGES FOR DEBTS RELATING TO CERTAIN
BENEFITS PROGRAMS.
(a) In General.--Section 5315(a)(1) of title 38, United States
Code, is amended--
(1) by striking ``other than a loan'' and all that follows
through the semicolon and inserting ``other than--''; and
(2) by adding at the end the following new subparagraphs:
``(A) a loan, loan-guaranty, or loan-insurance
program;
``(B) a disability compensation program;
``(C) a pension program; or
``(D) an educational assistance program.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to an indebtedness that occurs on or after the date
of the enactment of this Act.
SEC. 254. EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF DEBT
ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--Section 5302(a) of title 38, United States Code,
is amended by striking ``180 days'' and inserting ``one year''.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is two years after the date of the enactment of this Act.
SEC. 255. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS
AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO THE UNITED
STATES.
(a) Limitation on Indebtedness Offsets.--Subsection (a) of section
5314 of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not make a deduction under paragraph (1)
while the existence or amount of such indebtedness is disputed under
section 5314A of this title.''.
(b) Administrative Process for Dispute of Existence or Amount of
Indebtedness.--
(1) Establishment.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5314 the following
new section:
``Sec. 5314A. Dispute of indebtedness
``(a) Establishment.--The Secretary shall prescribe regulations
that establish an administrative process for the dispute of the
existence or amount of an indebtedness described in section 5314(a)(1)
of this title (without regard to whether the Secretary has made a
deduction under such section regarding such indebtedness).
``(b) Standards.--The process under subsection (a) shall be
efficient, effective, and equitable.
``(c) Timeliness.--The Secretary shall ensure that each dispute
under subsection (a) proceeds in accordance with standards for
timeliness prescribed by the Secretary under this section.
``(d) Limitation.--The Secretary may not submit to any debt
collector (as defined in section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a)) any dispute pending under this
section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to modify the procedures for seeking review of a decision of
the agency of original jurisdiction described in section 5104C(a)(1) of
this title.''.
(2) Existing administrative process.--The Secretary of
Veterans Affairs shall carry out section 5314A of such title,
as added by paragraph (1), by improving the administrative
process of the Department of Veterans Affairs for the dispute
of the existing or amount of an indebtedness that was in effect
on the day before the date of the enactment of this Act.
(3) Improvements to department website and notices.--In
carrying out paragraph (2), the Secretary shall--
(A) improve the website of the Department; and
(B) ensure that such website and written notices
sent to a person about indebtedness described in
section 5314(a) of title 38, United States Code,
contain all information a person needs to dispute such
an indebtedness, including a description of--
(i) the specific actions the person will
need to take in order to dispute the
indebtedness;
(ii) the documentation that will be
required for the dispute; and
(iii) how the documentation is to be
submitted.
(4) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5314 the following new item:
``5314A. Dispute of indebtedness.''.
(c) Limitation on Authority To Recover Debts.--Section 5302(a) of
title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not seek to recover an indebtedness
described in paragraph (1) if the Secretary determines that the cost to
the Department to recover such indebtedness, as determined when the
debt is established, would exceed the amount of the indebtedness.''.
TITLE III--HOMELESSNESS MATTERS
SEC. 301. ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF VETERANS
AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS TO SERVE
HOMELESS VETERANS.
(a) Elimination of Matching Requirement.--
(1) In general.--Section 2011(c) of title 38, United States
Codes, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to any grant awarded under section
2011 of title 38, United States Code, on or after the date of
the enactment of this Act.
(3) Determination of amount of grant.--On or after the date
that is five years after the date of the enactment of this Act,
the Secretary of Veterans Affairs may determine the maximum
amount of a grant under section 2011 of title 38, United States
Code, which shall be not less than 70 percent of the estimated
cost of the project concerned.
(4) Sunset.--Section 4201(b)(2) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5009; 38
U.S.C. 2011 note) is amended--
(A) by striking ``Subsection (c)(2)'' and inserting
the following:
``(A) In general.--Subsection (c)(2)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be
effective on the date of the enactment of the Joseph
Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of
2022.''.
(b) Elimination of Property Disposition Requirements.--
(1) In general.--A recipient of a grant awarded under
section 2011 of title 38, United States Code, on or after the
date of the enactment of this Act for a project described in
subsection (b)(1) of such section shall not be subject to any
real property or equipment disposition requirements relating to
the grant under section 61.67 of title 38, Code of Federal
Regulations, sections 200.311(c) and 200.313(e) of title 2,
Code of Federal Regulations, or successor regulations.
(2) Sunset.--Section 4201(b)(6) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5010; 38
U.S.C. 2011 note) is amended--
(A) by striking ``During'' and inserting the
following:
``(A) In general.--During''; and
(B) by adding at the end the following new
subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be
effective on the date of the enactment of the Joseph
Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of
2022.''.
SEC. 302. MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF HOUSING BY
FORMERLY HOMELESS VETERANS AND VETERANS AT RISK OF
BECOMING HOMELESS.
Section 2013 of title 38, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by inserting after subsection (a) the following new
subsections:
``(b) Services.--Services provided under the program shall include
services to assist veterans described in subsection (a) with navigating
resources provided by the Federal Government and State, local, and
Tribal governments.
``(c) Staffing.--In geographic areas where individuals who meet the
licensure and certification requirements to provide services under the
program are in high demand as determined by the Secretary, such
services may be provided through one or more individuals with a
master's degree in social work who are undergoing training to meet such
requirements, if such individuals are under the supervision of an
individual who meets such requirements.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(3) The Secretary shall require each recipient of a grant awarded
under this subsection to submit to the Secretary a report that
describes the services provided or coordinated with amounts under such
grant.''.
SEC. 303. MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION PROGRAMS.
(a) In General.--Section 2021 of title 38, United States Code, is
amended to read as follows:
``Sec. 2021. Homeless veterans reintegration programs
``(a) In General.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Labor shall conduct,
directly or through grant or contract, such programs as that Secretary
determines appropriate to provide job training, counseling, and
placement services (including job readiness and literacy and skills
training) to expedite the reintegration into the labor force of--
``(1) homeless veterans, including--
``(A) veterans who were homeless but found housing
during the 60-day period preceding the date on which
the veteran begins to participate in a program under
this section; and
``(B) veterans who are at risk of homelessness
during the 60-day period beginning on the date on which
the veteran begins to participate in a program under
this section;
``(2) veterans participating in the Department of Housing
and Urban Development-Department of Veterans Affairs supported
housing program for which rental assistance is provided
pursuant to section 8(o)(19) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-VA
Supportive Housing (Tribal HUD-VASH) program;
``(3) Indians who are veterans and receiving assistance
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.);
``(4) veterans described in section 2023(d) of this title
or any other veterans who are transitioning from being
incarcerated; and
``(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized in
section 2044 of this title.
``(b) Grants.--(1) In awarding grants for purposes of conducting
programs described in subsection (a), the Secretary of Labor shall, to
the maximum extent practicable, consider applications for fundable
grants from entities in all States.
``(2) In each State in which no entity has been awarded a grant
described in paragraph (1) as of the date of the enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans
Benefits and Health Care Improvement Act of 2022, the Secretary of
Labor shall, in coordination with the Director of Veterans' Employment
and Training in the State, organize and conduct an outreach and
education program to ensure communities are aware of the programs
conducted under this section and the benefits of the programs.
``(c) Training and Technical Assistance.--(1) The Secretary of
Labor shall provide training and technical assistance to entities
seeking a grant or contract under this section and recipients of a
grant or contract under this section regarding the planning,
development, and provision of services for which the grant or contract
is awarded, including before and during the grant application or
contract award period.
``(2) The training and technical assistance provided under
paragraph (1) shall include outreach and assistance specifically
designed for entities serving regions and populations underserved by
the programs conducted under this section.
``(3) The Secretary of Labor may provide training and technical
assistance under paragraph (1) directly or through grants or contracts
with such public or nonprofit private entities as that Secretary
considers appropriate.
``(d) Requirement to Monitor Expenditures of Funds.--(1) The
Secretary of Labor shall collect such information as that Secretary
considers appropriate to monitor and evaluate the distribution and
expenditure of funds appropriated to carry out this section.
``(2) Information collected under paragraph (1) shall include data
with respect to the results or outcomes of the services provided to
each homeless veteran under this section.
``(3) Information collected under paragraph (1) shall be furnished
in such form and manner as the Secretary of Labor may specify.
``(e) Administration Through Assistant Secretary of Labor for
Veterans' Employment and Training.--The Secretary of Labor shall carry
out this section through the Assistant Secretary of Labor for Veterans'
Employment and Training.
``(f) Provision of Services to Veterans in Certain Institutions.--
(1) The Attorney General of the United States shall permit a recipient
of a grant or contract under this section or section 2023 of this title
to provide services under this section or section 2023 of this title to
any veteran described in subsection (a)(4) who is residing in a penal
institution under the jurisdiction of the Bureau of Prisons.
``(2) The recipient of a grant or contract under this section may
provide to officials of an institution described in paragraph (1)
information regarding the services provided to veterans under this
section and section 2023 of this title during the 18-month period
preceding the release or discharge of a veteran from the institution.
``(g) Report on Services Provided.--(1) The Secretary of Labor
shall require each recipient of a grant or contract under this section
to submit to that Secretary a report on the services provided and
veterans served using grant or contract amounts not later than 90 days
after the end of each program year, beginning with the program year the
begins after the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022.
``(2) To the extent practicable, each report submitted under
paragraph (1) shall--
``(A) disaggregate the number of veterans served by--
``(i) sex;
``(ii) age;
``(iii) race;
``(iv) ethnicity;
``(v) approximate era in which the veteran served
in the Armed Forces;
``(vi) the highest level of education attained;
``(vii) the average period of time the veteran was
unemployed or underemployed before receiving services
under this section and while receiving such services;
and
``(viii) housing status as of--
``(I) the date on which the veteran is
first enrolled in services under this section;
and
``(II) any subsequent date, if such data is
available; and
``(B) include data on the number of veterans receiving
services under this section who are eligible for health care
and benefits provided by the Department of Veterans Affairs.
``(h) Reports to Congress.--(1) Not less frequently than every two
years, the Secretary of Labor shall submit to Congress a report on the
programs conducted under this section. The Secretary of Labor shall
include in the report the following:
``(A) An evaluation of services furnished to veterans under
this section.
``(B) An analysis of the information collected under
subsection (d).
``(C) An identification of--
``(i) the total number of applications for grants
under this section that the Secretary of Labor received
during the fiscal year preceding the date on which the
report is submitted; and
``(ii) the number of such applications that were
denied.
``(D) With respect to each State in which no entity was
awarded a grant under this section during the fiscal year
preceding the date on which the report is submitted--
``(i) an identification of the top five reasons why
entities that applied for such a grant were not awarded
the grant; and
``(ii) information regarding the specific criteria
used to score the applications and an explanation of
if, how, or why such criteria differed from the
previous fiscal year.
``(2) Not later than 180 days after the end of the program year
that begins after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, and not later than 120 days after the end
of each program year thereafter, the Secretary of Labor shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report setting
forth the following:
``(A) Data obtained from the reports submitted under
subsection (g), disaggregated by geographic location.
``(B) The number of grants and contracts not awarded under
this section due to insufficient funds.
``(C) The number of returning recipients of grants or
contracts that were and were not awarded grants or contracts
under this section during the most recent application cycle.
``(D) The number of applications received from entities in
States in which no entities received a grant or contract under
this section.
``(E) The number of veterans who were admitted to a program
conducted under this section but not placed in a job following
participation in such program, disaggregated by geographic
location, age, sex, and race or ethnicity.
``(i) Authorization of Appropriations.--(1) There are authorized to
be appropriated to carry out this section amounts as follows:
``(A) $50,000,000 for fiscal year 2002.
``(B) $50,000,000 for fiscal year 2003.
``(C) $50,000,000 for fiscal year 2004.
``(D) $50,000,000 for fiscal year 2005.
``(E) $50,000,000 for fiscal year 2006.
``(F) $50,000,000 for each of fiscal years 2007 through
2023.
``(G) $60,000,000 for fiscal year 2024 and each fiscal year
thereafter.
``(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to carry
out this section may be expended in that fiscal year and the succeeding
fiscal year.''.
(b) Conforming Amendment.--Section 2021A(e) of title 38, United
States Code, is amended by striking ``section 2021(d)'' and inserting
``section 2021(h)(1)''.
SEC. 304. EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS
HOUSING ASSISTANCE FOR HOMELESS VETERANS.
(a) Expansion.--Subsection (a) of section 2041 of title 38, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or permanent housing'' after ``shelter'';
(B) in subparagraph (A), by striking ``named in, or
approved by the Secretary under, section 5902 of this
title'' and inserting ``that is the recipient of a
grant under section 2011, 2013, 2044, or 2061 of this
title''; and
(C) in subparagraph (B), by inserting ``or tribal
entity,'' after ``State''; and
(2) in paragraph (3)(B)--
(A) in clause (i)--
(i) by inserting ``or permanent housing''
after ``shelter'';
(ii) by inserting ``(I)'' before
``utilize'';
(iii) by striking the comma and inserting
``; or''; and
(iv) by adding at the end the following new
subclause:
``(II) sell or rent the property directly
to homeless veterans or veterans at risk of
homelessness;''; and
(B) in each of clauses (ii) and (iii), by striking
the comma and inserting a semicolon.
(b) Extension.--Subsection (c) of such section is amended by
striking ``September 30, 2017'' and inserting ``September 30, 2026''.
SEC. 305. TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY SECRETARY OF
VETERANS AFFAIRS TO CERTAIN ENTITIES.
(a) Supportive Services for Very Low-income Families in Permanent
Housing.--Section 2044(e) of title 38, United States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by striking ``(1) From amounts'' and inserting ``From
amounts''.
(b) Comprehensive Service Programs.--
(1) In general.--Subchapter II of chapter 20 of title 38,
United States Code, is amended--
(A) by redesignating section 2014 as section 2016;
and
(B) by inserting after section 2013 the following
new sections 2014 and 2015:
``Sec. 2014. Training and technical assistance for recipients of
certain financial assistance
``(a) In General.--The Secretary shall provide training and
technical assistance to recipients of grants under sections 2011 and
2013 of this title and recipients of per diem payments under sections
2012 and 2061 of this title regarding the planning, development, and
provision of services for which the grant or payment is made.
``(b) Provision of Training and Technical Assistance.--The
Secretary may provide training and technical assistance under
subsection (a) directly or through grants or contracts with such public
or nonprofit private entities as the Secretary considers appropriate.
``Sec. 2015. Training and technical assistance for entities regarding
services provided to veterans at risk of, experiencing,
or transitioning out of homelessness
``(a) In General.--The Secretary shall provide training and
technical assistance to entities serving veterans at risk of,
experiencing, or transitioning out of homelessness regarding--
``(1) the provision of such services to such veterans; and
``(2) the planning and development of such services.
``(b) Coordination.--The Secretary may coordinate the provision of
training and technical assistance under subsection (a) with the
Secretary of Housing and Urban Development and the Secretary of Labor.
``(c) Elements.--The training and technical assistance provided
under subsection (a) shall include coordination and communication of
best practices among all programs administered by the Veterans Health
Administration directed at serving veterans at risk of, experiencing,
or transitioning out of homelessness.
``(d) Provision of Training.--The Secretary may provide the
training and technical assistance under subsection (a) directly or
through grants or contracts with such public or nonprofit private
entities as the Secretary considers appropriate.''.
(2) Use of amounts.--The Secretary of Veterans Affairs
shall provide training and technical assistance under sections
2014 and 2015 of such title, as inserted by paragraph (1)(B),
using amounts appropriated or otherwise made available to the
Department of Veterans Affairs on or after the date of the
enactment of this Act.
(3) Conforming amendment.--Section 20013(a) of the
Coronavirus Aid, Relief, and Economic Security Act (38 U.S.C.
2011 note) is amended by striking ``2014'' and inserting
``2016''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2014 and inserting the following
new items:
``2014. Training and technical assistance for recipients of certain
financial assistance.
``2015. Training and technical assistance for entities regarding
services provided to veterans at risk of,
experiencing, or transitioning out of
homelessness.
``2016. Authorization of appropriations.''.
SEC. 306. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR ENTITIES
COLLABORATING WITH THE SECRETARY OF VETERANS AFFAIRS TO
PROVIDE CASE MANAGEMENT SERVICES TO HOMELESS VETERANS IN
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-
DEPARTMENT OF VETERANS AFFAIRS SUPPORTED HOUSING PROGRAM.
Section 304(c)(2)(A) of the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012 (38 U.S.C. 2041 note) is
amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) providing case management services to
veterans for obtaining suitable housing at varying
locations nationwide or in the area or areas similar to
where the services will be provided under the relevant
contract or agreement;''.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS SHARING OF INFORMATION
RELATING TO COORDINATED ENTRY PROCESSES FOR HOUSING AND
SERVICES OPERATED UNDER DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT CONTINUUM OF CARE PROGRAM.
(a) In General.--The Under Secretary for Health of the Department
of Veterans Affairs shall--
(1) provide to staff of medical centers of the Department
of Veterans Affairs and homelessness service providers of the
Department the information described in subsection (b); and
(2) ensure that such information, and other resources the
Under Secretary determines are appropriate, are accessible to
such staff and providers.
(b) Information Described.--The information described in this
subsection is information related to best practices with respect to the
collaboration between medical centers of the Department of Veterans
Affairs, homelessness service providers of the Department, and local
partners (including local offices of the Department of Housing and
Urban Development or public housing agencies, and private and public
local community organizations) on the centralized or coordinated
assessment systems established and operated by Continuums of Care under
section 578.7(a)(8) of title 24, Code of Federal Regulations, including
making referrals and sharing data, as the Under Secretary determines
appropriate.
SEC. 308. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH EMPLOYEES
RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS.
The Under Secretary for Health of the Department of Veterans
Affairs shall clearly communicate with employees of the Department of
Veterans Affairs whose responsibilities are related to homelessness
assistance programs regarding--
(1) the measurement of performance of such programs by the
Homeless Programs Office of the Department; and
(2) how to obtain and provide feedback about performance
measures.
SEC. 309. SYSTEM FOR SHARING AND REPORTING DATA.
(a) In General.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall work together to
develop a system for effectively sharing and reporting data between the
community-wide homeless management information system described in
section 402(f)(3) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360a(f)(3)) and the Homeless Operations Management and
Evaluation System of the Department of Veterans Affairs.
(b) Deadline.--The Secretary of Veterans Affairs and the Secretary
of Housing and Urban Development shall ensure that the system developed
under subsection (a) is operational not later than three years after
the date of the enactment of this Act.
SEC. 310. PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOMELESS
VETERANS.
(a) Pilot Program Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to meet the health
care needs of--
(1) veterans who are homeless;
(2) veterans who were previously homeless and are
transitioning to permanent housing; and
(3) veterans who are at risk of becoming homeless.
(b) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(c) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award grants to eligible entities for the
purpose described in subsection (a).
(2) Eligible entities.--For purposes of this section, an
eligible entity is any entity that is providing transitional
housing services to veterans as of the date on which the entity
applies for a grant under this section.
(3) Preference.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that are
recipients of grants under sections 2012 and 2061 of title 38,
United States Code, as of the date on which the entity applies
for a grant under this section.
(4) Equitable distribution; prioritization.--
(A) Equitable distribution.--The Secretary shall
ensure that, to the extent practicable, grant amounts
awarded under paragraph (1) are equitably distributed
among eligible entities across geographic regions.
(B) Prioritization.--In awarding grants under this
section, and in compliance with paragraphs (2) and (3),
the Secretary may prioritize eligible entities
located--
(i) in rural communities;
(ii) on Tribal lands; and
(iii) in areas where there is a significant
population of veterans aged 55 years old and
older.
(5) Intervals of payment and maximum grant amount.--The
Secretary may establish intervals of payment for the
administration of grants under this section and a maximum grant
amount to be awarded, in accordance with the services being
provided by staff hired using grant amounts and the duration of
such services.
(d) Use of Grant Amounts.--The recipient of a grant under the pilot
program--
(1) shall use grant amounts for the hiring of appropriately
qualified medical staff to care for veterans described in
subsection (a) who require assistance with activities of daily
living or need consistent medical attention and monitoring; and
(2) may use such amounts for supplies, administrative
support, and infrastructure needs associated with the duties of
such staff and the needs of such veterans.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts that
such services are being paid for, in whole or in part, by the
Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to
the provision of clinical services to eligible
individuals or any other provisions of the law
regarding the delivery of health care by the Secretary;
(B) inform each veteran who receives assistance
under this section from the entity of the ability of
the veteran to apply for enrollment in the patient
enrollment system of the Department under section
1705(a) of title 38, United States Code; and
(C) if such a veteran wishes to so enroll, inform
the veteran of a point of contact at the Department who
can assist the veteran in such enrollment.
(f) Report on Services Provided.--The Secretary shall require each
eligible entity awarded a grant under this section to submit to the
Secretary a report that describes the services provided or coordinated
with amounts under such grant.
(g) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date on which the pilot
program commences.
(h) Reports to Congress.--
(1) In general.--Not later than one year after the date on
which the first grants are awarded under this section, and
annually thereafter until the program terminates, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the program.
(2) Elements.--The report required by paragraph (1) shall
include the number of veterans served by the pilot program
under the care of a staff member the funding for whom is
provided by a grant under the program, disaggregated by--
(A) geographic location;
(B) sex;
(C) age;
(D) race and ethnicity;
(E) whether or not a veteran received health care
from the Department during the two-year period
preceding the date on which the veteran began
participating in the program;
(F) the number of veterans who transitioned into
permanent housing as a result of participation in the
program;
(G) with respect to veterans who did not transition
into permanent housing as a result of participation in
the program, the main reasons for not so transitioning;
(H) discharge status; and
(I) eligibility for health care provided by the
Department of Veterans Affairs.
SEC. 311. PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE DISORDER
RECOVERY FOR HOMELESS VETERANS.
(a) Pilot Program Required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program under which the Secretary shall
award grants to eligible entities for the provision or coordination of
services for recovery from substance use disorder for veterans who are
homeless, were previously homeless and are transitioning to permanent
housing, or are at risk of becoming homeless.
(b) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement
of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award a grant to an eligible entity for each
veteran with substance use disorder participating in the pilot
program for which the eligible entity is providing or
coordinating the provision of recovery services for substance
use disorder under the pilot program.
(2) Intervals of payment and maximum amounts.--The
Secretary may establish intervals of payment for the
administration of grants under this section and a maximum
amount to be awarded, in accordance with the services being
provided and the duration of such services.
(3) Preference.--In awarding grants under paragraph (1),
the Secretary shall give preference to eligible entities
providing or coordinating the provision of recovery services
for substance use disorder for veterans with substance-use
dependency who face barriers in accessing substance-use
recovery services from the Department of Veterans Affairs.
(4) Equitable distribution.--The Secretary shall ensure
that, to the extent practicable, grant amounts awarded under
paragraph (1) are equitably distributed across geographic
regions, including rural and Tribal communities.
(5) Report on services provided.--The Secretary shall
require each eligible entity awarded a grant under paragraph
(1) to submit to the Secretary a report that describes the
services provided or coordinated with amounts under such grant.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts that
such services are being paid for, in whole or in part, by the
Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to
the provision of clinical services to eligible
individuals or any other provisions of law regarding
the delivery of health care by the Secretary;
(B) inform each veteran who receives assistance
under this section from the entity of the ability of
the veteran to apply for enrollment in the patient
enrollment system of the Department under section
1705(a) of title 38, United States Code; and
(C) if such a veteran wishes to so enroll, inform
the veteran of a point of contact at the Department who
can assist the veteran in such enrollment.
(f) Grant Application.--
(1) In general.--An eligible entity seeking the award of a
grant under this section shall submit to the Secretary an
application therefor in such form, in such manner, and
containing such commitments and information as the Secretary
considers necessary to carry out this section.
(2) Contents of application.--Each application submitted by
an eligible entity under paragraph (1) shall contain the
following:
(A) A description of the recovery services for
substance use disorder proposed to be provided by the
eligible entity under the pilot program and the
identified need for those services.
(B) A description of the types of veterans with
substance use disorder proposed to be provided such
recovery services.
(C) An estimate of the number of veterans with
substance use disorder proposed to be provided such
recovery services.
(D) Evidence of the experience of the eligible
entity in providing such recovery services to veterans
with substance use disorder.
(E) A description of the managerial capacity of the
eligible entity--
(i) to assess continually the needs of
veterans with substance use disorder for such
recovery services;
(ii) to coordinate the provision of such
recovery services with services provided by the
Department; and
(iii) to tailor such recovery services to
the needs of veterans with substance use
disorder.
(3) Criteria for selection.--
(A) In general.--The Secretary shall establish
criteria for the selection of eligible entities to be
awarded grants under this section.
(B) Elements.--Criteria established under
subparagraph (A) with respect to an eligible entity
shall include the following:
(i) Relevant accreditation as may be
required by each State in which the eligible
entity operates.
(ii) Experience coordinating care or
providing treatment for veterans or members of
the Armed Forces.
(g) Participation.--Participation by a veteran in the pilot program
shall not affect any eligibility status or requirements for such
veteran with respect to other benefits or services provided by the
Department.
(h) Technical Assistance.--
(1) In general.--The Secretary shall provide training and
technical assistance to eligible entities awarded grants under
this section regarding the planning, development, and provision
of recovery services for substance use disorder under this
section.
(2) Provision of training.--The Secretary may provide the
training required under paragraph (1) directly or through
grants or contracts with such public or nonprofit private
entities as the Secretary considers appropriate for purposes of
this section, including through grants awarded under section
2064 of title 38, United States Code.
(i) Collection of Information.--To the extent practicable, the
Secretary may collect information from an eligible entity awarded a
grant under this section relating to a substance use disorder of a
veteran participating in the pilot program for inclusion in the
electronic health record of the Department for such veteran for the
sole purpose of improving care provided to such veteran.
(j) Study on Effectiveness of Pilot Program.--
(1) In general.--The Secretary shall conduct a study on the
effectiveness of the pilot program in meeting the needs of
veterans with substance use disorder.
(2) Comparison.--In conducting the study required by
paragraph (1), the Secretary shall compare the results of the
pilot program with other programs of the Department dedicated
to the delivery to veterans of recovery services for substance
use disorder.
(3) Criteria.--In making the comparison required by
paragraph (2), to the extent data is available, the Secretary
shall examine the following:
(A) The satisfaction of veterans targeted by the
programs described in paragraph (2).
(B) The health status of such veterans, including
mental health.
(C) The degree to which such programs encourage
such veterans to engage in productive activity.
(D) The number of veterans using such programs,
disaggregated by--
(i) veterans who have received health care
provided by the Department during the two-year
period preceding the conduct of the study;
(ii) veterans who have not received health
care provided by the Department during such
period;
(iii) veterans eligible for health care
provided by the Department, disaggregated by--
(I) veterans eligible for services
from the Department similar to services
provided under the pilot program; and
(II) veterans not eligible for such
services from the Department; and
(iv) veterans ineligible for health care
provided by the Department.
(E) The number of veterans who are still homeless
or at risk of becoming homeless one year after
completion of receipt of recovery services under such
programs.
(F) The number of veterans who still have a
substance use disorder that negatively impacts their
daily living and ability to maintain independent
housing 180 days after discharge from receipt of
services provided under this section.
(G) The status of the discharge from the Armed
Forces of veterans covered under this paragraph.
(4) Reports.--Not later than one year after the date on
which the first grant is awarded under this section, and
annually thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the results of the study required by paragraph (1).
(k) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) An incorporated private institution or
foundation--
(i) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
(ii) that has a governing board that is
responsible for the operation of the recovery
services for substance use disorder provided
under this section; and
(iii) that is approved by the Secretary
with respect to financial responsibility.
(B) A for-profit limited partnership, the sole
general partner of which is an organization meeting the
requirements of subparagraph (A).
(C) A corporation wholly owned and controlled by an
organization meeting the requirements of subparagraph
(A).
(D) A tribally designated housing entity (as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)).
(2) Substance use disorder.--The term ``substance use
disorder'', with respect to a veteran, means the veteran has
been diagnosed with, or is seeking treatment for, substance use
disorder, as determined by the Secretary.
SEC. 312. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
AFFORDABLE HOUSING FOR VETERANS.
(a) Report Required.--Not later than three years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the availability of affordable housing for veterans who have
or are participating in any program administered by the Homeless
Programs Office of the Department of Veterans Affairs.
(b) Contents.--The report required by subsection (a) shall include,
with respect to the one-year period preceding the date of the enactment
of this Act, the following:
(1) The number of veterans using housing vouchers under the
program carried out under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred
to as ``HUD-VASH'').
(2) The number of veterans who were allocated a housing
voucher described in paragraph (1) but who have been unable to
attain permanent housing.
(3) The number of available housing vouchers described in
paragraph (1) that are unused for any reason.
(4) Available data regarding the number of veterans who
were discharged from transitional housing provided using
amounts provided under sections 2061 and 2012 of title 38,
United States Code, and did not transition to permanent housing
due to a shortage of--
(A) case managers under the program described in
paragraph (1);
(B) housing vouchers described in such paragraph;
or
(C) housing that meets the requirements and
limitations with respect to such vouchers.
(c) Disaggregation.--The contents of the report described in
paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated
by veterans with a household income that does not exceed--
(1) the area median income;
(2) 80 percent of the area median income;
(3) 50 percent of the area median income; and
(4) 30 percent of the area median income.
SEC. 313. STUDY ON FINANCIAL AND CREDIT COUNSELING.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a comprehensive study on--
(1) the use of and variation of financial and credit
counseling services available for homeless veterans and
veterans experiencing housing instability;
(2) barriers to accessing financial and credit counseling
for such veterans; and
(3) the ability to evaluate and assess the potential
effects of financial and credit counseling for such veterans
with respect to housing, employment, income, and other outcomes
the Secretary determines appropriate.
(b) Methodology.--In conducting the study under subsection (a), the
Secretary shall--
(1) survey--
(A) homeless veterans and veterans experiencing
housing instability who are enrolled in the Supportive
Services for Veterans Families program;
(B) such veterans who do not seek or receive the
care or services under such program or a similar
program;
(C) grantees of the Supportive Services for
Veterans Families program;
(D) financial and credit counselors; and
(E) persons who are subject matter experts
regarding the use of financial and credit counseling
services that the Secretary determines appropriate; and
(2) administer the survey to a representative sample of
homeless veterans and veterans experiencing housing instability
in areas with high veteran homelessness.
(c) Use and Variation of Services.--In conducting the study under
subsection (a)(1), the Secretary shall--
(1) use data from the Supportive Services for Veterans
Families program and other data collected by the Department of
Veterans Affairs, data collected by other departments or
agencies of the Federal Government, and data collected by
nongovernmental entities to compare the use of and variation of
financial and credit counseling services available for homeless
veterans and veterans experiencing housing instability and such
use and variation for other individuals; and
(2) assess such services made available through the
Supportive Services for Veterans Families program, including
with respect to the types, modes of delivery, duration,
consistency, and quality, of such services.
(d) Barriers to Counseling.--In conducting the study under
subsection (a)(2), the Secretary shall conduct research on the effects
of the following perceived barriers to financial and credit counseling
for homeless veterans and veterans experiencing housing instability
surveyed in the study:
(1) The cost of financial and credit counseling services.
(2) The perceived stigma associated with seeking financial
and credit counseling assistance.
(3) The effect of driving distance or availability of other
forms of transportation to the nearest facility that received a
grant under the Supportive Services for Veterans Families
program.
(4) The availability of child care.
(5) The comprehension of eligibility requirements for, and
the scope of services available under, the Supportive Services
for Veterans Families program.
(6) The effectiveness of outreach for the services
available to such veterans under the Supportive Services for
Veterans Families program.
(7) The location and operating hours of facilities that
provide services to such veterans under the Supportive Services
for Veterans Families program.
(8) The COVID-19 pandemic and other health related issues.
(9) Such other significant barriers as the Secretary
considers appropriate.
(e) Evaluation and Assessment of Effects of Counseling.--
(1) Effects.--In conducting the study under subsection
(a)(3), the Secretary shall conduct research on the ability to
evaluate and assess the potential effects of financial and
credit counseling services on homeless veterans and veterans
experiencing housing instability with respect to the following:
(A) The effects of such services on employment by
comparing the veterans who received such services and
the veterans who did not receive such services.
(B) The effects of such services on housing status
by comparing the veterans who received such services
and the veterans who did not receive such services.
(C) The effects of such services on income by
comparing the veterans who received such services and
the veterans who did not receive such services.
(D) The effects of such services on credit score by
comparing the veterans who received such services and
the veterans who did not receive such services.
(E) The effects of such services on other outcomes
the Secretary determines appropriate.
(2) Data and recommendations.--In carrying out paragraph
(1), the Secretary shall--
(A) determine the relevant data that is available
to the Secretary and determine the confidence of the
Secretary with respect to accessing any additional data
the Secretary may require; and
(B) provide recommendations regarding the optimal
research or evaluation design that would generate the
greatest insights and value.
(f) Discharge by Contract.--The Secretary may seek to enter into a
contract with a qualified independent entity or organization to carry
out the study and research required under this section, including such
an entity or organization that is able to access credit scores, data
maintained by the Internal Revenue Service, and other date beneficial
to studying income.
(g) Mandatory Review of Data by Certain Elements of Department.--
(1) Reviews required.--The Secretary shall ensure that the
head of each element of the Department of Veterans Affairs
specified in paragraph (3) reviews the results of the study
conducted under subsection (a).
(2) Submittal of findings.--The head of each element
specified in paragraph (3) shall submit to the Deputy Under
Secretary for Health for Operations and Management the findings
of the head with respect to the review conducted by the under
paragraph (1), including recommendations regarding what data
the Secretary should collect from grantees under the Supportive
Services for Veterans Families program.
(3) Specified elements.--The elements of the Department of
Veterans Affairs specified in this paragraph are the following:
(A) The Advisory Committee on Homeless Veterans
established under section 2066 of title 38, United
States Code.
(B) The Advisory Committee on Women Veterans
established under section 542 of title 38, United
States Code.
(C) The Advisory Committee on Minority Veterans
established under section 544 of title 38, United
States Code.
(D) The Homeless Programs Office of the Veterans
Health Administration.
(E) The Office of Tribal Government Relations of
the Department.
(h) Reports.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
Congress an interim report on the study under subsection (a).
(2) Final report.--
(A) In general.--Not later than 30 months after the
date of the enactment of this Act, the Secretary shall
submit to Congress a report on the study under
subsection (a).
(B) Contents.--The report required by subparagraph
(A) shall include--
(i) the findings of the head of each
element of the Department specified under
subsection (g)(3); and
(ii) recommendations for such
administrative and legislative action as the
Secretary considers appropriate.
(i) Definition.--In this section:
(1) Homeless veterans and veterans experiencing housing
instability.--The term ``homeless veterans and veterans
experiencing housing instability'' means veterans who are
homeless (as that term is defined in subsection (a) or (b) of
section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302)).
(2) Supportive services for veterans families program.--The
term ``Supportive Services for Veterans Families program''
means the program established pursuant to section 2044 of title
38, United States Code.
TITLE IV--OTHER MATTERS
SEC. 401. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY.
(a) Report on Critical Items and Requirements.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing each of the following:
(1) A description of the items and types of items the
Secretary considers critical with respect to--
(A) the ongoing response to the Coronavirus 2019
(COVID-19) pandemic; and
(B) future epidemic, pandemic, emergency, national
emergency, or natural disaster scenarios.
(2) The quantities of the items described in paragraph (1)
that are available, as of the date of the enactment of this
Act, in inventories, emergency caches, or other emergency
inventories of the Department of Veterans Affairs.
(3) The anticipated quantities of the items described in
paragraph (1) that would be necessary under potential epidemic,
pandemic, emergency, national emergency, or natural disaster
scenarios the Secretary determines to be relevant for planning
purposes.
(4) The assumptions and key planning factors used by the
Secretary to identify the items, types of items, and necessary
quantities of items for types of scenarios, as described in
paragraphs (1) and (3).
(b) Participation in Warstopper Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall enter into an agreement to
provide for the participation of the Department of Veterans
Affairs in the program known as the ``Warstopper Program'' of
the Defense Logistics Agency, or any successor program.
(2) Requirements.--Pursuant to the agreement under
paragraph (1), the Defense Logistics Agency shall--
(A) ensure the maintenance and stability of the
items that are identified as critical in the report
required under subsection (a) and that the Secretary of
Defense determines are appropriate for the Warstopper
Program;
(B) establish guidance for the participation of the
Department of Veterans Affairs in the Warstopper
Program that includes an identification of the items
and types of items that are critical to the needs of
the Department of Veterans Affairs; and
(C) use existing contracts and agreements and enter
into new contracts and agreements, as necessary, with
manufacturers and distributors to reserve the supply of
such critical items rather than rely on holding
physical inventories of such items.
(c) Reimbursement.--The Secretary of Veterans Affairs shall
reimburse the Secretary of Defense for any expenses or obligations
incurred to facilitate the participation of the Department of Veterans
Affairs in the Warstopper Program pursuant to subsection (b).
(d) Prohibition on Exclusive Reliance on Regional Inventories.--The
Secretary of Veterans Affairs shall ensure that the Department does not
exclusively rely on holding regional, physical inventories of critical
items in order to respond to greater than expected needs for such items
during epidemic, pandemic, emergency, national emergency, or natural
disaster situations.
(e) Report on Implementation.--
(1) In general.--Not later than 450 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of this section.
(2) Contents.--The report submitted under paragraph (1)
shall contain each the following:
(A) An implementation plan for the participation of
the Department of Veterans Affairs in the Warstopper
Program, including milestones and timelines for related
administrative, contracting, and readiness activities.
(B) For each of the items and associated quantities
identified in paragraphs (1) and (3) of subsection
(a)--
(i) the method by which the Secretary of
Veterans Affairs plans to ensure the Department
continues to have access to adequate quantities
of such items and types of items, including in
the Warstopper Program, in regional, physical
inventories, or other methods; and
(ii) justifications for the method or
methods identified under clause (i).
(3) Updates to report.--The Secretary shall update the
report required under paragraph (1) on an annual basis for each
of the two years following the submission of the report under
such paragraph and submit such updates to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives.
SEC. 402. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Alignment of Equal Employment Opportunity Director.--
(1) Reporting and duties.--Subsection (h) of section 516 of
title 38, United States Code, is amended--
(A) by striking ``The provisions'' and inserting
``(1) The provisions''; and
(B) by adding at the end the following new
paragraph:
``(2) Beginning not later than 90 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, in carrying
out paragraph (1), the Secretary shall ensure that the official of the
Department who serves as the Equal Employment Opportunity Director of
the Department--
``(A) reports directly to the Deputy Secretary with respect
to the functions under this section; and
``(B) does not also serve in a position that has
responsibility over personnel functions of the Department or
other functions that conflict with the functions under this
section.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b)(1), by inserting ``, in
accordance with subsection (h)(2),'' after ``an
Assistant Secretary or a Deputy Assistant Secretary'';
and
(B) in subsection (e)(1)(A), by striking ``the
Assistant Secretary for Human Resources and
Administration'' and inserting ``the Secretary''.
(b) Alignment of EEO Program Managers.--Such section is further
amended by adding at the end the following new subsection:
``(i) In accordance with subsection (b), not later than one year
after the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, the Secretary shall ensure that each Equal
Employment Opportunity program manager of the Department at the
facility level reports to the head of the Office of Resolution
Management, or such successor office established pursuant to subsection
(a), with respect to the equal employment functions of the program
manager.''.
(c) Reporting Harassment and Employment Discrimination
Complaints.--Subsection (a) of such section is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the employment discrimination
complaint resolution system established under paragraph (1) requires
that any manager of the Department who receives a sexual or other
harassment or employment discrimination complaint reports such
complaint to the Office of Resolution Management, or successor office,
immediately, or if such immediate reporting is impracticable, not later
than two days after the date on which the manager receives the
complaint.''.
(d) Training.--Subsection (c) of such section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Beginning not later than 180 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall provide to each employee of the Department mandatory
annual training on identifying and addressing sexual and other
harassment and employment discrimination, including with respect to
processes under the Harassment Prevention Program of the Department, or
such successor program.
``(B) An employee of the Department who is hired on or after such
date shall receive the first such mandatory annual training not later
than 60 days after being hired.''.
(e) Harassment and Employment Discrimination Policies and
Directives.--The Secretary of Veterans Affairs shall--
(1) by not later than the date that is 180 days after the
date of the enactment of this Act, and on a regular basis
thereafter, review the policies relating to sexual and other
harassment and employment discrimination of the Department of
Veterans Affairs to ensure that such policies are complete and
in accordance with the sexual and other harassment and
employment discrimination policies established by the Office of
Resolution Management of the Department, or successor office;
and
(2) by not later than 180 days after the date of the
enactment of this Act, issue a final directive and a handbook
for the Harassment Prevention Program of the Department.
(f) Semiannual Reports.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter for one year,
the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the progress the Secretary
has made in carrying out this section and section 516 of title 38,
United States Code, as amended by this section, including with respect
to reporting sexual and other harassment and employment discrimination
complaints pursuant to subsection (a)(2) of such section 516.
SEC. 403. DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECHNOLOGY REFORM
ACT OF 2022.
(a) In General.--Chapter 81 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
``Sec. 8171. Definitions
``In this subchapter:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) The term `information technology' has the meaning
given that term in section 11101 of title 40.
``(3)(A) The term `information technology project' means a
project or program of the Department (including a project or
program of any element of the Department) for, or including,
the acquisition or implementation of information technology.
``(B) In cases where the Secretary transmits to the
Director of the Office of Management and Budget information
regarding information technology investments, which may consist
of individual or multiple projects, the term `information
technology project' refers to an individual project or program
or a grouping of multiple projects or programs resulting in the
acquisition or implementation of discrete information
technology.
``(4) The term `life cycle costs' means all direct and
indirect costs to acquire, implement, operate, and maintain
information technology, including with respect to costs of any
element of the Department.
``(5) The term `major information technology project' means
an information technology project if--
``(A) the project is designated by the Secretary,
the Chief Information Officer of the Department, or the
Director of the Office of Management and Budget as a
major information technology investment, as defined in
section 11302 of title 40; or
``(B) the dollar value of the project is estimated
by the Secretary to exceed--
``(i) $1,000,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
for the total life cycle costs of the project;
or
``(ii) $200,000,000 (as adjusted for
inflation pursuant to section 1908 of title 41)
annually.
``(6) The term `business owner' means, with respect to an
information technology project, the program manager, project
manager, or other supervisory official of the Department
responsible for the project.
``Sec. 8172. Management of major information technology projects
``(a) Cost, Schedule, and Performance Information.--(1) The
Secretary shall, acting through the Chief Information Officer of the
Department, submit to the appropriate congressional committees a report
containing information on the cost, schedule, and performance of each
major information technology project that begins after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, as generated
by the business owner of the project, prior to the commencement of such
project.
``(2) Each report submitted under paragraph (1) for a project shall
include, with respect to such project, the following:
``(A) An estimate of acquisition costs, implementation
costs, and life cycle costs.
``(B) An intended implementation schedule indicating
significant milestones, initial operating capability, and full
operating capability or completion.
``(C) Key business, functional, and performance objectives.
``(b) Baseline.--(1) The Secretary shall use the information on the
cost, schedule, and performance of a major information technology
project included in the report under subsection (a) as the baseline
against which changes or variances are measured during the life cycle
of such project.
``(2) The Secretary shall--
``(A) annually update the baseline of a major information
technology project pursuant to subsection (c); and
``(B) include such updated baseline in the documents
providing detailed information on the budget for the Department
that the Secretary submits to Congress in conjunction with the
President's budget submission pursuant to section 1105 of title
31.
``(c) Changes and Variances.--(1) Not later than 60 days after the
date on which the Secretary identifies a change or variance described
in paragraph (2) in the cost, schedule, or performance of a major
information technology project, the Secretary, acting through the Chief
Information Officer, shall submit to the appropriate congressional
committees a notification of such change or variance, including a
description and explanation for such change or variance.
``(2) A change or variance in the cost, schedule, or performance of
a major information technology project described in this paragraph is--
``(A) with respect to the acquisition, implementation, or
life cycle cost of the project, or development increment
therein, a change or variance that is 10 percent or greater
compared to the baseline;
``(B) with respect to the schedule for a development
increment or for achieving a significant milestone, initial
operating capability, or full operating capability, or for the
final completion of the project, a change or variance that is
180 days or greater compared to the baseline; or
``(C) with respect to the performance, an instance where a
key business, functional, or performance objective is not
attained, or is not anticipated to be attained, in whole or in
part.
``(d) Management.--The Secretary shall ensure that each major
information technology project is managed by an interdisciplinary team
consisting of the following:
``(1) A project manager who--
``(A)(i) is certified in project management at
level three by--
``(I) the Department;
``(II) the Federal Acquisition Institute
pursuant to section 1201 of title 41; or
``(III) the Department of Defense pursuant
to section 1701a of title 10; or
``(ii) holds an equivalent certification by a
private sector project management certification
organization, as determined appropriate by the
Secretary; and
``(B) is an employee of the Office of Information
and Technology of the Department or an employee of an
element of the Department at which the project
originates.
``(2) A functional lead who is an employee of the element
of the Department at which the project originates.
``(3) A technical lead who is an employee of the Office of
Information and Technology of the Department.
``(4) A contracting officer.
``(5) Sufficient other project management, functional,
technical, and procurement personnel as the Secretary
determines appropriate.
``Sec. 8173. Information technology activities of the Financial
Services Center
``(a) Management.--Consistent with sections 11302 and 11319 of
title 40--
``(1) the Chief Information Officer of the Department
shall--
``(A) exercise authority over the management,
governance, and oversight processes relating to
existing or proposed information technology of the
Financial Services Center of the Department, or such
successor office; and
``(B) supervise the information technology
employees and contractors of the Financial Services
Center; and
``(2) the Director of the Financial Services Center of the
Department, or the head of such successor office, may not enter
into a contract or other agreement for information technology
or information technology services unless the contract or other
agreement has been reviewed and approved by the Chief
Information Officer.
``(b) Oversight.--The Chief Information Officer shall have
oversight and operational authority over all information security
practices of the Financial Services Center of the Department.
``Sec. 8174. Submission of annual reviews of information technology
``(a) In General.--The Secretary, acting through the Chief
Information Officer of the Department, shall submit to the appropriate
congressional committees each annual review of the information
technology portfolio of the Department conducted pursuant to section
11319(d)(3) of title 40.
``(b) First Submission.--The first annual review submitted under
subsection (a) shall include a copy of each previous annual review
conducted under section 11319(d)(3) of title 40.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the Department
``(a) List of Information Technology Projects in Effect.--The
Secretary shall ensure that whenever the budget justification materials
are submitted to Congress in support of the Department budget for a
fiscal year (as submitted with the budget of the President for such
fiscal year under section 1105(a) of title 31), such budget
justification materials include a list of every information technology
project currently in effect at the Department (including not only
congressional projects and subprojects as determined by the Director of
the Office of Management and Budget or the Secretary).
``(b) Prioritized List of Unfunded Projects.--(1) In addition to
the list included in the budget justification materials required by
subsection (a), the Secretary shall ensure that the budget
justification materials described in such subsection also include
summary descriptions and a prioritized list, in rank order, of every
information technology project of the Department, proposed or intended
to be proposed for the following one, two, or three fiscal years, that
is unfunded as of the time of the inclusion of the list under this
paragraph.
``(2) In producing the list required by paragraph (1), the
Secretary shall--
``(A) ensure such list represents a ranking of all proposed
information technology projects that reflects the needs of all
elements of the Department;
``(B) produce one unified list for the entire Department
demonstrating how the various proposed information technology
projects of each of the elements of the Department rank in
priority with the information technology projects of the other
elements of the Department; and
``(C) ensure that the list--
``(i) does not disaggregate and rank information
technology projects based on element of the Department;
and
``(ii) does identify the element of the Department
requesting the information technology project.
``(3)(A) In producing each list under paragraph (1), the Secretary
shall prioritize and rank each information technology project based on
an assessment of each of the following factors:
``(i) Degree of collaboration between business owners and
the Chief Information Officer with respect to joint functional-
technical planning, requirements, and management.
``(ii) Operational or efficiency benefits to employees of
the Department created or produced by the information
technology project.
``(iii) The life cycle cost of the information technology
project.
``(iv) The cost savings or cost avoidance yielded by the
information technology project.
``(v) Time to completion of the information technology
project.
``(vi) The difficulty of the information technology
project, the likelihood the information technology project will
be completed, or the risks associated with undertaking the
information technology project.
``(vii) Tangible benefits to veterans created or produced
by the information technology project.
``(viii) Such other factors as the Secretary considers
appropriate.
``(B) The Secretary shall ensure that each list produced under
paragraph (1) includes, for each information technology project
included in the list, a brief description of the findings of the
Secretary with respect to each assessment carried out by the Secretary
for each factor for the information technology project under
subparagraph (A).
``(c) Projected Funding Needs.--(1) In addition to the matters
included under subsections (a) and (b), the Secretary shall ensure that
the budget justification materials described in subsection (a) also
include a projection of the one-year, two-year, and three-year funding
needs of the Department for information technology, disaggregated by--
``(A) portfolio; and
``(B) the product line of the Department that requires the
funding.
``(2) In addition to the projections under paragraph (1), with
respect to each of the periods set forth in such paragraph, the
Secretary shall include a description of the funding required for each
technology business management category used by the Office of
Information Technology of the Department (commonly referred to as `cost
pools' and `towers').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``subchapter vi--information technology projects and activities
``Sec. 8171. Definitions.
``Sec. 8172. Management of major information technology projects.
``Sec. 8173. Information technology activities of the Financial
Services Center.
``Sec. 8174. Submission of annual reviews of information technology.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the
Department.''.
(c) Application and Report Regarding Management of Major
Information Technology Projects.--
(1) Current and new major projects.--Except as specifically
provided in subsection (a) of section 8172 of title 38, United
States Code, as added by subsection (a) of this section, such
section 8172 shall apply with respect to major information
technology projects that begin before, on, or after the date of
the enactment of this Act.
(2) Report on current projects.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate
congressional committees a report on each major
information technology project that the Secretary is
carrying out as of the date of the report.
(B) Contents.--The report submitted under
subparagraph (A) shall contain, with respect to each
project described in such subparagraph, information on
the cost, schedule, and performance of the project as
described in subsection (a) of section 8172 of such
title, as so added.
(3) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``major
information technology project'' have the meanings given those
terms in section 8171 of title 38, United States Code, as added
by subsection (a) of this section.
(d) Information Technology Activities of the Financial Services
Center.--
(1) Effective date.--Section 8173 of such title, as added
by subsection (a), shall take effect on the date of the
enactment of this Act.
(2) Applicability.--Subsection (a)(2) of such section shall
apply with respect to contracts and agreements entered into on
or after the date of the enactment of this Act.
(e) Effective Date of Requirement for Projects in Budget
Justification Materials.--Subsection (c) of section 8175 of such title,
as added by subsection (a) of this section, shall take effect on the
first Monday in the second January beginning after the date of the
enactment of this Act.
SEC. 404. REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs, acting through the
Chief Information Officer of the Department of Veterans Affairs, shall
submit to the appropriate congressional committees a report
containing--
(1) an explanation of the ratings, rankings, and risk
categorizations used by the Chief Information Officer pursuant
to subparagraph (C) of section 11302(c)(3) of title 40, United
States Code, with respect to the information technology
dashboard, or successor system, of the Office of Management and
Budget developed under such section; and
(2) copies of supporting or explanatory information
provided by the Chief Information Officer to the Office of
Management and Budget with respect to submissions by the Chief
Information Officer to the information technology dashboard, or
successor system, for the fiscal year in which the report is
submitted (other than information not otherwise made public
pursuant to such section).
(b) Appropriate Congressional Committees Defined.--In section, the
term ``appropriate congressional committees'' has the meaning given
such term in section 8171 of title 38, United States Code, as added by
section 403.
SEC. 405. IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT OPERATIONS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Provision of Information.--Section 902 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) The Secretary shall publish on the internet website of
each facility of the Department the following information with respect
to the facility:
``(A) Summaries and statistics covering the previous five-
year period regarding--
``(i) arrests made by and tickets issued by
Department police officers;
``(ii) prosecutions, ticketing, and other actions
relating to such arrests;
``(iii) the use of force and weapons discharge by
Department police officers; and
``(iv) complaints, investigations, and disciplinary
actions regarding Department police officers.
``(B) Contact information for employees of the Department
and the public to directly contact the police force of the
facility, including for an individual (or the representative,
attorney, or authorized agent of the individual) to request
information regarding the arrest, ticketing, detainment, use of
force, or other police matters pertaining to that individual.
``(2) The Secretary shall ensure that each police force of a
facility of the Department is able to provide to an individual who
contacts the police force pursuant to paragraph (1)(B) the information
described in such paragraph.''.
(b) Use of Body Worn Cameras by Department Police Officers.--
(1) Requirement.--Subsection (a) of such section 902 is
amended by adding at the end the following new paragraph:
``(3) Beginning not later than 180 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall require Department police officers to use cameras worn
on the individual police officer's person that record and store audio
and video (commonly known as `body worn cameras').''.
(2) Guidance.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall issue, and make publicly available, guidance on the use
of body worn cameras by Department police officers pursuant to
section 902(a)(3) of title 38, United States Code, as amended
by paragraph (1).
(3) Consultation.--The Secretary shall issue the guidance
under paragraph (2) in consultation with veterans service
organizations, civil rights organizations, law enforcement
organizations, law enforcement accreditation organizations,
privacy rights organizations, and other relevant organizations
or experts.
(c) Data and Reporting on Police Incidents.--Section 902 of title
38, United States Code, as amended by subsection (a), is further
amended by adding at the end the following new subsection:
``(f) Police Incidents.--(1)(A) The Secretary shall track and
analyze the following information regarding the police force of the
Department:
``(i) Arrests made by and tickets issued by Department
police officers.
``(ii) Prosecutions, ticketing, and other actions relating
to such arrests.
``(iii) The use of force and weapons discharge.
``(iv) Complaints, investigations, and disciplinary
actions.
``(B) The Secretary shall carry out subparagraph (A) by
implementing one or more Department-wide data systems.
``(2)(A) Beginning not later than one year after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall ensure that each incident described in subparagraph (C)
is promptly reported to the Assistant Secretary with responsibility for
operations, preparedness, security, and law enforcement functions.
``(B) The Assistant Secretary shall, in a timely manner--
``(i) review each incident described in subparagraph (C)(i)
that is reported under subparagraph (A); and
``(ii) investigate each incident described in subparagraph
(C)(ii) that is reported under subparagraph (A).
``(C) An incident described in this subparagraph is either of the
following:
``(i) An incident, including an allegation, of the use of
force by a Department police officer.
``(ii) An incident, including an allegation, of the use of
force by a Department police officer that results in any person
receiving medical attention.''.
(d) Plan on Police Staffing.--The Secretary shall develop a plan
that establishes minimum standards for police staffing at each facility
of the Department, including with respect to--
(1) the number of Department police officers assigned to
each facility; and
(2) the pay grades for such officers.
(e) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the implementation of this section and the amendments made
by this section.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) With respect to the staffing needs of the
Department police force--
(i) identification of the amount of
turnover among Department police officers;
(ii) how the compensation for Department
police officers affects such turnover;
(iii) a comparison of such compensation
with the compensation provided to specialty
police units, such as police units at medical
facilities and other police units in the same
locality pay area; and
(iv) the plan developed under subsection
(d), including--
(I) estimates on the costs to carry
out the plan; and
(II) any recommendations for
legislative actions required to carry
out the plan.
(B) With respect to body worn cameras, a review of
the implementation and use of body worn cameras by
Department police officers, including under pilot
programs carried out by the Secretary during the five-
year period preceding the date of the report.
(f) Definitions.--In this section:
(1) Body worn camera.--The term ``body worn camera'' means
a camera worn on an individual police officer's person that
records and stores audio and video.
(2) Department police officer.--The term ``Department
police officer'' means an employee of the Department of
Veterans Affairs described in section 902(a) of title 38,
United States Code.
SEC. 406. PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT
REQUESTS.
(a) Plan.--
(1) In general.--The Secretary of Veterans Affairs shall
establish and carry out a plan for the Secretary to meet, by
not later than five years after the date of the enactment of
this Act, the requirements of section 552 of title 5, United
States Code, (commonly known as the ``Freedom of Information
Act'' or ``FOIA'') with respect to providing documents and
information under such section within the timeframes required
by such section.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Improving and acquiring technology, including
with respect to searching email and other electronic
information, and the timelines for such improvement, to
ensure that the information technology of the
Department of Veterans Affairs is capable of carrying
out the plan.
(B) Identification of efficient procedures,
policies, and systems of the Department that could be
developed to allow employees of the Department
responsible for replying to requests under such section
552 to search and review documents rather than other
employees of the Department.
(C) A schedule for carrying out the plan, including
key milestones and metrics.
(b) Compliance Assessment.--The Secretary shall request the
Director of the Office of Government Information Services of the
National Archives and Records Administration to conduct an assessment
of the compliance by the Department of Veterans Affairs with section
552 of title 5, United States Code.
(c) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on implementing
subsections (a) and (b).
(B) Contents.--The report required by subparagraph
(A) shall include the following:
(i) The plan established under subsection
(a).
(ii) An analysis of the root causes of the
backlog of Freedom of Information Act requests.
(iii) Recommendations with respect to any
additional resources or legislative action the
Secretary determines necessary for such
implementation.
(2) Annual reports.--During the five-year period following
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives annual reports on--
(A) carrying out the plan under subsection (a),
including any updates or changes made to the plan; and
(B) the compliance by the Department as described
in subsection (b).
(3) Publication.--The Secretary shall make publicly
available on the internet website of the Department the reports
under paragraphs (1) and (2) by not later than 30 days after
the date on which the Secretary submits the reports to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives.
(d) Definition of Backlog of Freedom of Information Act Requests.--
In this section, the term ``backlog of Freedom of Information Act
requests'' means the number of requests, as reported by the Secretary
of Veterans Affairs to the Attorney General in the Annual FOIA Report,
made by individuals to the Secretary pursuant to section 552 of title
5, United States Code, for documents or information that the Secretary
has not fulfilled or provided a response to the individual.
SEC. 407. MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORRECTION.
(a) In General.--Section 2003(a) of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) is amended by striking ``$1,388.68'' and inserting
``$1,406.73''.
(b) Correction to Certain Pension Payments.--
(1) Correct codification.--Section 1562(a)(1) of title 38,
United States Code, is amended by striking ``$1,388.68'' and
inserting ``$ 1,406.73''.
(2) Retroactive effective date.--The amendment made by
paragraph (1) shall take effect as if it were enacted
immediately after the enactment of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act
of 2020 (Public Law 116-315).
(c) Treatment of Certain Pension Payments.--
(1) In general.--A payment described in paragraph (2) shall
be treated as an authorized payment.
(2) Payments described.--A payment described in this
paragraph is a payment of pension under section 1562 of title
38, United States Code, by the Secretary of Veterans Affairs--
(A) in the amount of $1,406.73 during the period
beginning on January 5, 2021, and ending on November
30, 2021;
(B) in the amount of $1,489.73 during the period
beginning on December 1, 2021, and ending on November
30, 2022; or
(C) in the amount of $1,619.34 during the period
beginning on December 1, 2022, and ending on the date
of the enactment of this Act.
SEC. 408. IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF VETERANS
AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY
COUNSELING.
(a) Reimposition of Cap.--
(1) In general.--Section 516 of title 38, United States
Code, as amended by section 7(a) of the Responsible Education
Mitigating Options and Technical Extensions Act (Public Law
117-76), is further amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the following
new subsection (g):
``(g)(1)(A) Except as provided in paragraph (4), beginning on the
date of the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022
and ending on the date that is three years after the date of the
enactment of such Act, the number of employees of the Department whose
duties include equal employment opportunity counseling functions may
not exceed 76 full-time equivalent employees.
``(B) Except as provided in paragraph (4), beginning on the date
that is three years after the date of enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, the number of employees of the Department
whose duties include equal employment opportunity counseling functions
may not exceed 81 full-time equivalent employees.
``(2) Except as provided in paragraph (4), of the 76 full-time
equivalent employees set forth in paragraph (1), the number of
employees of the Department whose duties include equal employment
opportunity counseling functions as well as other unrelated functions
may not exceed 40 full-time equivalent employees.
``(3) Except as provided in paragraph (4), any employee described
in paragraph (2) whose duties include equal employment opportunity
counseling functions as well as other unrelated functions may be
assigned equal employment opportunity counseling functions only at
Department facilities in remote geographic locations.
``(4)(A) Beginning on the date that is one year after the date of
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall promptly notify Congress if, at any point in time, the
number of full-time equivalent employees of the Department specified in
paragraph (1), whose duties include equal opportunity counseling
functions, is insufficient for the Department to meet its required
obligations under law.
``(B) Notification under subparagraph (A) shall include--
``(i) the specific legal obligations relating to employment
discrimination, or other matters similar to those covered by
regulations prescribed by the Equal Employment Opportunity
Commission, that the Department is unable to meet; and
``(ii) the total additional number of full-time equivalent
employees of the Department that would be needed for the
Department to meet such obligations.''.
(2) Conforming amendment.--Subsection (b) of section 7 of
such Act is hereby repealed.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report that includes the following elements:
(1) An accounting of the number of informal stage cases
filed with the employment discrimination complaint resolution
system established and administered under section 516(a) of
title 38, United States Code, disaggregated by--
(A) the period beginning on January 1, 2019, and
ending on the date of the enactment of this Act; and
(B) the three-year period beginning on the date of
the enactment of this Act.
(2) A comparison of timeliness, with respect to the average
time to process, of processing of informal stage cases by such
system with respect to--
(A) the period beginning on January 1, 2019, and
ending on the date of the enactment of this Act; and
(B) the three-year period beginning on the date of
the enactment of this Act.
(3) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department of
Veterans Affairs whose duties include only equal employment
opportunity counseling functions under section 516 of title 38,
United States Code, disaggregated by--
(A) the ten-year period ending on the date of the
enactment of this Act; and
(B) the three-year period beginning on the date of
the enactment of this Act.
(c) Annual Reports.--Not later than one year after the date of the
enactment of this Act and once each year thereafter, the Secretary of
Veterans Affairs shall make available to the public on an internet
website of the Department an annual report that includes, for the year
covered by the report, the following:
(1) Total number of complaints filed through the employment
discrimination complaint resolution system established and
administered under subsection (a) of section 516 of title 38,
United States Code.
(2) Total number of such complaints completed processing by
such system in a timely manner.
(3) The percentage of all pre-complaint counseling provided
under such section that led to resolution without further
action.
(4) The percentage of all pre-complaint counseling provided
under such section that led to resolution via alternative
dispute resolution.
(5) The percentage of all pre-complaint counseling provided
under such section that led to filing of a formal complaint via
such system.
(6) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department whose
duties include equal employment opportunity counseling under
such section.
(7) An estimate of the required ratio of Department
employees whose duties include equal employment opportunity
counseling functions relative to the number of full-time
equivalent employees in the Department.
(d) Independent Assessment.--Not later than 180 days after the
first report is made available under subsection (c), the Comptroller
General shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives an independent assessment of the ratio reported by the
Secretary pursuant to paragraph (7) of such subsection. Such assessment
shall include such recommendations as the Secretary may have for
improving such ratio and the ability of the Department to provide equal
employment opportunity counseling.
DIVISION V--STRONG VETERANS ACT OF 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Support The
Resiliency of Our Nation's Great Veterans Act of 2022'' or the ``STRONG
Veterans Act of 2022''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION V--STRONG VETERANS ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
Sec. 101. Mental health and suicide prevention outreach to minority
veterans and American Indian and Alaska
Native veterans.
Sec. 102. Expansion of Vet Center workforce.
Sec. 103. Expansion of mental health training for Department of
Veterans Affairs.
Sec. 104. Expansion of scholarships and loan repayment programs for
mental health providers.
TITLE II--VETERANS CRISIS LINE
Sec. 201. Veterans Crisis Line.
Subtitle A--Veterans Crisis Line Training and Quality Management
Sec. 211. Staff training.
Sec. 212. Quality review and management.
Sec. 213. Guidance for high-risk callers.
Sec. 214. Oversight of training of social service assistants and
clarification of job responsibilities.
Subtitle B--Pilot Programs and Research on Veterans Crisis Line
Sec. 221. Pilot programs.
Sec. 222. Authorization of appropriations for research on effectiveness
and opportunities for improvement of
Veterans Crisis Line.
Subtitle C--Transition of Crisis Line Number
Sec. 231. Feedback on transition of crisis line number.
TITLE III--OUTREACH TO VETERANS
Sec. 301. Designation of Buddy Check Week by Secretary of Veterans
Affairs.
Sec. 302. Improvements to Veterans Justice Outreach Program.
Sec. 303. Department of Veterans Affairs Governors Challenge Program.
TITLE IV--MENTAL HEALTH CARE DELIVERY
Sec. 401. Expansion of peer specialist support program of Department of
Veterans Affairs.
Sec. 402. Expansion of Vet Center services.
Sec. 403. Eligibility for mental health services.
Sec. 404. Mental health consultations.
TITLE V--RESEARCH
Sec. 501. Veterans integration to academic leadership program of the
Department of Veterans Affairs.
Sec. 502. Improvement of sleep disorder care furnished by Department of
Veterans Affairs.
Sec. 503. Study on inpatient mental health and substance use care from
Department of Veterans Affairs.
Sec. 504. Study on treatment from Department of Veterans Affairs for
co-occurring mental health and substance
use disorders.
Sec. 505. Study on workload of suicide prevention teams of Department
of Veterans Affairs.
Sec. 506. Expansion of suicide prevention and mental health research.
Sec. 507. Study on mental health and suicide prevention support for
military families.
Sec. 508. Research on brain health.
Sec. 509. Study on efficacy of clinical and at-home resources for post-
traumatic stress disorder.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
SEC. 101. MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO MINORITY
VETERANS AND AMERICAN INDIAN AND ALASKA NATIVE VETERANS.
(a) Staffing Requirement.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall ensure that each medical center of the Department of
Veterans Affairs has no fewer than one full-time employee whose
responsibility is serving as a minority veteran coordinator.
(b) Training.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Indian
Health Service and the Director of the Office of Mental Health and
Suicide Prevention of the Department of Veterans Affairs, shall ensure
that all minority veteran coordinators receive training in delivery of
mental health and suicide prevention services culturally appropriate
for American Indian and Alaska Native veterans, especially with respect
to the identified populations and tribes within the coordinators'
catchment areas.
(c) Coordination With Suicide Prevention Coordinators.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary, in consultation with the Director of the Office of Mental
Health and Suicide Prevention, shall ensure that the suicide prevention
coordinator and minority veteran coordinator of each medical center of
the Department have developed and disseminated to the director of the
medical center a written plan for conducting mental health and suicide
prevention outreach to all tribes and urban Indian health organizations
within the catchment area of the medical center. Each such plan shall
include for each tribe covered by the plan--
(1) contact information for tribal leadership and the
tribal health facility or Indian Health Service facility
serving that tribe;
(2) a schedule for and list of outreach plans (including
addressing any barriers to accessing Department mental health
care);
(3) documentation of any conversation with tribal leaders
that may guide culturally appropriate delivery of mental health
care to American Indian or Alaska Native veterans;
(4) documentation of any progress in incorporating
traditional healing practices into mental health and suicide
prevention protocols and options available for veterans who are
members of such tribe; and
(5) documentation of any coordination among the Department,
the Indian Health Service, urban Indian health organizations,
and the Substance Abuse and Mental Health Services
Administration for the purpose of improving suicide prevention
efforts tailored to veterans who are members of such tribe and
the provision of culturally competent mental health care to
such veterans.
(d) Report.--Not later than one year after the enactment of this
Act, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on outreach efforts to minority veterans and
American Indian and Alaska Native veterans. Such report shall include
each of the following:
(1) The number of minority veteran coordinators within the
Department.
(2) The number and percentage of minority veteran
coordinators who are women.
(3) The number and percentage of minority veteran
coordinators who are persons of color.
(4) The number and percentage of Department medical centers
with minority veteran coordinators.
(5) The number and percentage of Department mental health
providers who are enrolled members of a federally recognized
Indian tribe or self-identify as Native American.
(6) The number and percentage of Department mental health
providers who speak a second language.
(7) A review of the outreach plans developed and submitted
to all Department medical centers for outreach to American
Indian and Alaska Native veterans.
(8) A review of mental health care provided annually by the
Department to American Indian and Alaska Native veterans for
the past three years, including number of appointments, and an
assessment of any barriers to providing this care.
SEC. 102. EXPANSION OF VET CENTER WORKFORCE.
(a) In General.--Not later than one year after the date of the
enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs shall hire an
additional 50 full-time equivalent employees for Vet Centers to bolster
the workforce of Vet Centers and to provide expanded mental health care
to veterans, members of the Armed Forces, and their families through
outreach, community access points, outstations, and Vet Centers.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given that term in section 1712A(h) of title 38, United
States Code.
SEC. 103. EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not later than three years after the date of the
enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs, in collaboration
with the Office of Mental Health and Suicide Prevention and the Office
of Academic Affiliations, shall add an additional 250 paid trainee
slots in covered mental health disciplines to the workforce of the
Department of Veterans Affairs.
(b) Covered Mental Health Disciplines Defined.--In this section,
the term ``covered mental health disciplines'' means psychiatry,
psychology, advanced practice nursing (with a focus on mental health or
substance use disorder), social work, licensed professional mental
health counseling, and marriage and family therapy.
SEC. 104. EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PROGRAMS FOR
MENTAL HEALTH PROVIDERS.
(a) Expansion of Health Professional Scholarship Program.--
Beginning in academic year 2022, the Secretary of Veterans Affairs
shall include not fewer than an additional (as compared to academic
year 2021) 50 awards per academic year under the Department of Veterans
Affairs Health Professional Scholarship Program under subchapter II of
chapter 76 of title 38, United States Code, for applicants otherwise
eligible for such program who are pursuing degrees or training in
mental health disciplines, including advanced practice nursing (with a
focus on mental health or substance use disorder), psychology, and
social work.
(b) Expansion of Education Debt Reduction Program.--
(1) In general.--Beginning in fiscal year 2022, the
Secretary shall provide not fewer than an additional (as
compared to fiscal year 2021) 200 debt reduction awards per
year under the Department of Veterans Affairs Education Debt
Reduction Program under subchapter VII of chapter 76 of title
38, United States Code, to be used to recruit mental health
professionals to the Department of Veterans Affairs in
disciplines that include psychiatry, psychology, advanced
practice nursing (with a focus on mental health or substance
use disorder), and social work.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs
$8,000,000 per year to carry out the additional awards under
paragraph (1).
(c) Outreach.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall develop a public
awareness campaign to encourage veterans and mental health
professionals to choose the Department for their mental health
career.
(2) Elements.--The campaign required under paragraph (1)--
(A) shall advertise the paid trainee, scholarship,
and loan repayment opportunities offered by the
Department; and
(B) may highlight the new graduate medical
education residencies available at the Department for
medical students entering residency.
TITLE II--VETERANS CRISIS LINE
SEC. 201. VETERANS CRISIS LINE.
In this title, the term ``Veterans Crisis Line'' means the toll-
free hotline for veterans established under section 1720F(h) of title
38, United States Code.
Subtitle A--Veterans Crisis Line Training and Quality Management
SEC. 211. STAFF TRAINING.
(a) Review of Training for Veterans Crisis Line Call Responders.--
(1) In general.--The Secretary of Veterans Affairs shall
enter into an agreement with an organization outside the
Department of Veterans Affairs to review the training for
Veterans Crisis Line call responders on assisting callers in
crisis.
(2) Completion of review.--The review conducted under
paragraph (1) shall be completed not later than one year after
the date of the enactment of this Act.
(3) Elements of review.--The review conducted under
paragraph (1) shall consist of a review of the training
provided by the Department on subjects including risk
assessment, lethal means assessment, substance use and overdose
risk assessment, safety planning, referrals to care,
supervisory consultation, and emergency dispatch.
(4) Update of training.--If any deficiencies in the
training for Veterans Crisis Line call responders are found
pursuant to the review under paragraph (1), the Secretary shall
update such training and associated standards of practice to
correct those deficiencies not later than one year after the
completion of the review.
(b) Retraining Guidelines for Veterans Crisis Line Call
Responders.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall develop
guidelines on retraining and quality management for when a
Veterans Crisis Line call responder has an adverse event or
when a quality review check by a supervisor of such a call
responder denotes that the call responder needs improvement.
(2) Elements of guidelines.--The guidelines developed under
paragraph (1) shall specify the subjects and quantity of
retraining recommended and how supervisors should implement
increased use of silent monitoring or other performance review
mechanisms.
SEC. 212. QUALITY REVIEW AND MANAGEMENT.
(a) Monitoring of Calls on Veterans Crisis Line.--
(1) In general.--The Secretary of Veterans Affairs shall
require that not fewer than two calls per month for each
Veterans Crisis Line call responder be subject to supervisory
silent monitoring, which is used to monitor the quality of
conduct by such call responder during the call.
(2) Benchmarks.--The Secretary shall establish benchmarks
for requirements and performance of Veterans Crisis Line call
responders on supervisory silent monitored calls.
(3) Quarterly reports.--Not less frequently than quarterly,
the Secretary shall submit to the Office of Mental Health and
Suicide Prevention of the Department of Veterans Affairs a
report on occurrence and outcomes of supervisory silent
monitoring of calls on the Veterans Crisis Line.
(b) Quality Management Processes for Veterans Crisis Line.--Not
later than one year after the date of the enactment of this Act, the
leadership for the Veterans Crisis Line, in partnership with the Office
of Mental Health and Suicide Prevention of the Department and the
National Center for Patient Safety of the Department, shall establish
quality management processes and expectations for staff of the Veterans
Crisis Line, including with respect to reporting of adverse events and
close calls.
(c) Annual Common Cause Analysis for Callers to Veterans Crisis
Line Who Die by Suicide.--
(1) In general.--Not less frequently than annually, the
Secretary shall perform a common cause analysis for all
identified callers to the Veterans Crisis Line that died by
suicide during the one-year period preceding the conduct of the
analysis before the caller received contact with emergency
services and in which the Veterans Crisis Line was the last
point of contact.
(2) Submittal of results.--The Secretary shall submit to
the Office of Mental Health and Suicide Prevention of the
Department the results of each analysis conducted under
paragraph (1).
(3) Application of themes or lessons.--The Secretary shall
apply any themes or lessons learned under an analysis under
paragraph (1) to updating training and standards of practice
for staff of the Veterans Crisis Line.
SEC. 213. GUIDANCE FOR HIGH-RISK CALLERS.
(a) Development of Enhanced Guidance and Procedures for Response to
Calls Related to Substance Use and Overdose Risk.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with national experts within the
Department of Veterans Affairs on substance use disorder and overdose,
shall--
(1) develop enhanced guidance and procedures to respond to
calls to the Veterans Crisis Line related to substance use and
overdose risk;
(2) update training materials for staff of the Veterans
Crisis Line in response to such enhanced guidance and
procedures; and
(3) update criteria for monitoring compliance with such
enhanced guidance and procedures.
(b) Review and Improvement of Standards for Emergency Dispatch.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall--
(A) review the current emergency dispatch standard
operating procedure of the Veterans Crisis Line to
identify any additions to such procedure to strengthen
communication regarding--
(i) emergency dispatch for disconnected
callers; and
(ii) the role of social service assistants
in requesting emergency dispatch and recording
such dispatches; and
(B) update such procedure to include the additions
identified under subparagraph (A).
(2) Training.--The Secretary shall ensure that all staff of
the Veterans Crisis Line are trained on all updates made under
paragraph (1)(B) to the emergency dispatch standard operating
procedure of the Veterans Crisis Line.
SEC. 214. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS AND
CLARIFICATION OF JOB RESPONSIBILITIES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall--
(1) establish oversight mechanisms to ensure that social
service assistants and supervisory social service assistants
working with the Veterans Crisis Line are appropriately trained
and implementing guidance of the Department regarding the
Veterans Crisis Line; and
(2) refine standard operating procedures to delineate roles
and responsibilities for all levels of supervisory social
service assistants working with the Veterans Crisis Line.
Subtitle B--Pilot Programs and Research on Veterans Crisis Line
SEC. 221. PILOT PROGRAMS.
(a) Extended Safety Planning Pilot Program for Veterans Crisis
Line.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a pilot program to determine
whether a lengthier, templated safety plan used in clinical
settings could be applied in call centers for the Veterans
Crisis Line.
(2) Briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall provide to
Congress a briefing on the findings of the Secretary under the
pilot program conducted under paragraph (1), which shall
include any recommendations of the Secretary with respect to
the continuation or discontinuation of the pilot program.
(b) Crisis Line Facilitation Pilot Program.--
(1) In general.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary shall
carry out a pilot program on the use of crisis line
facilitation to increase use of the Veterans Crisis Line among
high-risk veterans.
(2) Briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall provide to
Congress a briefing on the findings of the Secretary under the
pilot program under paragraph (1), including any
recommendations of the Secretary with respect to the
continuation or discontinuation of the pilot program.
(3) Definitions.--In this section:
(A) The term ``crisis line facilitation'', with
respect to a high-risk veteran, means the presentation
by a therapist of psychoeducational information about
the Veterans Crisis Line and a discussion of the
perceived barriers and facilitators to future use of
the Veterans Crisis Line for the veteran, which
culminates in the veteran calling the Veterans Crisis
Line with the therapist to provide firsthand
experiences that may counter negative impressions of
the Veterans Crisis Line.
(B) The term ``high-risk veteran'' means a veteran
receiving inpatient mental health care following a
suicidal crisis.
SEC. 222. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON EFFECTIVENESS
AND OPPORTUNITIES FOR IMPROVEMENT OF VETERANS CRISIS
LINE.
There is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal years 2022 and 2023, a total of $5,000,000 for the
Mental Illness Research, Education, and Clinical Centers of the
Department of Veterans Affairs to conduct research on the effectiveness
of the Veterans Crisis Line and areas for improvement for the Veterans
Crisis Line.
Subtitle C--Transition of Crisis Line Number
SEC. 231. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.
(a) In General.--The Secretary of Veterans Affairs shall solicit
feedback from veterans service organizations on how to conduct outreach
to members of the Armed Forces, veterans, their family members, and
other members of the military and veterans community on the move to 988
as the new, national three-digit suicide and mental health crisis
hotline, which is expected to be implemented by July 2022, to minimize
confusion and ensure veterans are aware of their options for reaching
the Veterans Crisis Line.
(b) Nonapplication of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to any feedback solicited under subsection
(a).
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means an organization recognized
by the Secretary for the representation of veterans under section 5902
of title 38, United States Code.
TITLE III--OUTREACH TO VETERANS
SEC. 301. DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall designate
one week each year to organize outreach events and educate veterans on
how to conduct peer wellness checks, which shall be known as ``Buddy
Check Week''.
(b) Educational Opportunities.--
(1) In general.--During Buddy Check Week, the Secretary, in
consultation with organizations that represent veterans,
nonprofits that serve veterans, mental health experts, members
of the Armed Forces, and such other entities and individuals as
the Secretary considers appropriate, shall collaborate with
organizations that represent veterans to provide educational
opportunities for veterans to learn how to conduct peer
wellness checks.
(2) Training matters.--As part of the educational
opportunities provided under paragraph (1), the Secretary shall
provide the following:
(A) A script for veterans to use to conduct peer
wellness checks that includes information on
appropriate referrals to resources veterans might need.
(B) Online and in-person training, as appropriate,
on how to conduct a peer wellness check.
(C) Opportunities for members of organizations that
represent veterans to learn how to train individuals to
conduct peer wellness checks.
(D) Training for veterans participating in Buddy
Check Week on how to transfer a phone call directly to
the Veterans Crisis Line.
(E) Resiliency training for veterans participating
in Buddy Check Week on handling a veteran in crisis.
(3) Online materials.--All training materials provided
under the educational opportunities under paragraph (1) shall
be made publicly available on a website of the Department of
Veterans Affairs.
(c) Outreach.--The Secretary, in collaboration with organizations
that represent veterans, may conduct outreach regarding educational
opportunities under subsection (b) at--
(1) public events where many veterans are expected to
congregate;
(2) meetings of organizations that represent veterans;
(3) facilities of the Department; and
(4) such other locations as the Secretary, in collaboration
with organizations that represent veterans, considers
appropriate.
(d) Veterans Crisis Line Plan.--
(1) In general.--The Secretary shall ensure that a plan
exists for handling the potential increase in the number of
calls into the Veterans Crisis Line that may occur during Buddy
Check Week.
(2) Submittal of plan.--The head of the Veterans Crisis
Line shall submit to the Secretary a plan for how to handle
excess calls during Buddy Check Week, which may include the
following:
(A) Additional hours for staff.
(B) The use of a backup call center.
(C) Any other plan to ensure that calls from
veterans in crisis are being answered in a timely
manner by an individual trained at the same level as a
Veterans Crisis Line responder.
(e) Definitions.--In this section:
(1) The term ``organization that represents veterans''
means an organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
(2) The term ``veteran'' has the meaning given that term in
section 101 of such title.
(3) The term ``Veterans Crisis Line'' means the toll-free
hotline for veterans provided by the Secretary under section
1720F(h) of such title.
SEC. 302. IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PROGRAM.
(a) Outreach Requirement.--The Secretary of Veterans Affairs shall
conduct outreach regarding the Veterans Justice Outreach Program to
justice-involved veterans, military and veterans service organizations,
and relevant stakeholders in the criminal justice community, including
officials from local law enforcement, court, and jail systems and
others as determined appropriate by the Secretary. Such outreach--
(1) shall be designed--
(A) to spread awareness and understanding of the
Program;
(B) to spread awareness and understanding of
veteran eligibility for the Program, including the
eligibility of veterans who were discharged from
service in the Armed Forces under conditions other than
honorable; and
(C) to improve the identification of justice-
involved veterans; and
(2) may be conducted in person, virtually, or through other
means, including by the dissemination of informational
materials and contact information.
(b) Strategic Plan.--The Secretary of Veterans Affairs shall
develop a strategic plan for the Veterans Justice Outreach Program. In
developing such plan, the Secretary shall conduct--
(1) an assessment of barriers to working with justice-
involved veterans in rural, remote, and underserved areas,
including potential steps to address such barriers; and
(2) a workforce gap analysis for the Program.
(c) Increase in Number of VJO Specialists.--
(1) Increase.--The Secretary of Veterans Affairs shall
increase the number of Veterans Justice Outreach specialists
responsible for supporting justice-involved veterans in rural,
remote, or underserved areas, including areas located far from
Department of Veterans Affairs medical centers, as determined
by the Secretary, through--
(A) the hiring of additional Veterans Justice
Outreach specialists;
(B) the reallocation of existing Veterans Justice
Outreach specialists; or
(C) such other means as may be determined
appropriate by the Secretary.
(2) Determination.--The Secretary shall determine the
number of Veterans Justice Outreach specialists required, and
the locations of such specialists, under paragraph (1) by
taking into account--
(A) such number and locations needed to achieve the
mission and strategic goals of the Veterans Justice
Outreach Program;
(B) any gaps in the workforce of the Program,
including such gaps identified pursuant to subsection
(b)(2); and
(C) strategies to address such gaps.
(3) Use of technology.--In carrying out paragraph (1), the
Secretary shall consider the use of virtual technology.
(d) Performance Goals and Implementation Plans.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish performance goals and implementation plans for--
(A) the Veterans Justice Outreach Program;
(B) Veterans Justice Outreach Specialists; and
(C) providing support for research regarding
justice-involved veterans.
(2) Consistency with strategic plan.--The Secretary shall
ensure that the performance goals and implementation plans
under paragraph (1) are consistent with the strategic plan
under subsection (b) and include--
(A) qualitative and quantitative milestones,
measures, and metrics, and associated timelines for
completion of the plans under paragraph (1) and
barriers to such completion;
(B) an identification of relevant staff; and
(C) an estimate of resource needs and sources.
(3) Performance data.--The Secretary shall establish a
process to regularly collect and analyze performance data to
assess the efficiency and effectiveness of implementing the
plans under paragraph (1).
(e) Training Requirement.--The Secretary shall ensure that all
Veterans Justice Outreach Specialists receive training not less
frequently than annually on--
(1) best practices for identifying and conducting outreach
to justice-involved veterans and relevant stakeholders in the
criminal justice community; and
(2) veteran eligibility for the Veterans Justice Outreach
Program, including with respect to consistently communicating
changes regarding eligibility (including through the use of a
script or other reference materials).
(f) Reports on Implementation.--
(1) First report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report on the following:
(A) An assessment of implementing subsection (c),
including--
(i) strategies to increase Veterans Justice
Outreach specialists responsible for supporting
justice-involved veterans in rural, remote, or
underserved areas; and
(ii) the progress of the Secretary in
addressing gaps in the workforce of the
Veterans Justice Outreach Program identified
pursuant to paragraph (2) of such subsection.
(B) The performance goals and implementation plans
established under subsection (d)(1).
(2) Subsequent report.--Not later than three years after
the date on which the first report is submitted under paragraph
(1), the Secretary shall submit to Congress a report on the
progress of the Secretary in meeting the performance goals and
carrying out activities under the implementation plans
established under subsection (d)(1).
(g) Report on Veterans Treatment Courts.--Not later than one year
after the date of the enactment of this Act, the Secretary, in
consultation with the Attorney General, shall submit to Congress a
report on the engagement of the Department of Veterans Affairs with
veterans treatment courts, including--
(1) the availability and efficacy of veterans treatment
courts in meeting the needs of justice-involved veterans;
(2) best practices for Department of Veterans Affairs staff
and justice-involved veterans in working with veterans
treatment courts; and
(3) the ability of justice-involved veterans to access
veterans treatment courts, including any barriers that exist to
increasing such access.
(h) Definitions.--In this section:
(1) The term ``justice-involved veteran'' means a veteran
with active, ongoing, or recent contact with some component of
a local criminal justice system.
(2) The term ``Veterans Justice Outreach Program'' means
the program through which the Department of Veterans Affairs
identifies justice-involved veterans and provides such veterans
with access to Department services.
(3) The term ``Veterans Justice Outreach Specialist'' means
an employee of the Department of Veterans Affairs who serves as
a liaison between the Department and the local criminal justice
system on behalf of a justice-involved veteran.
(4) The term ``veterans treatment court'' means a State or
local court that is participating in the veterans treatment
court program (as defined in section 2991(i)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(i)(1))).
SEC. 303. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE PROGRAM.
The Secretary of Veterans Affairs may enter into agreements with
States, territories, and American Indian and Alaska Native tribes for
the development and implementation of veteran suicide prevention
proposals through the Governors Challenge Program.
TITLE IV--MENTAL HEALTH CARE DELIVERY
SEC. 401. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public
Law 115-182; 38 U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g);
(2) in subsection (a), by adding at the end the following
new sentence: ``Each such peer specialist shall be a full-time
employee whose primary function is to serve as a peer
specialist and shall be in addition to all other employees of
such medical center.'';
(3) in the heading of subsection (b), by striking
``Timeframe'' and inserting ``Initial Timeframe'';
(4) in subsection (c)--
(A) in the heading, by striking ``Selection'' and
inserting ``Initial Selection''; and
(B) in paragraph (1), by striking ``The Secretary
shall'' and inserting ``In establishing the program at
initial locations, the Secretary shall'';
(5) by inserting after subsection (c) the following new
subsection:
``(d) Timeframe for Expansion of Program; Selection of Additional
Locations.--
``(1) Timeframe for expansion.--The Secretary shall make
permanent and expand the program to additional medical centers
of the Department as follows:
``(A) As of the date of the enactment of the STRONG
Veterans Act of 2022, the Secretary shall make such
program permanent at each medical center participating
in the program on the day before such date of
enactment.
``(B) During the seven-year period following such
date of enactment, the Secretary shall expand the
program to an additional 25 medical centers per year
until the program is carried out at each medical center
of the Department.
``(2) Selection of additional locations.--In selecting
medical centers for the expansion of the program under
paragraph (1)(B), until such time as each medical center of the
Department is participating in the program by establishing not
fewer than two peer specialists at the medical center, the
Secretary shall prioritize medical centers in the following
areas:
``(A) Rural areas and other areas that are
underserved by the Department.
``(B) Areas that are not in close proximity to an
active duty military installation.
``(C) Areas representing different geographic
locations, such as census tracts established by the
Bureau of the Census.'';
(6) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, by striking ``Gender-specific
Services'' and inserting ``Considerations for Hiring
Peer Specialists'';
(B) in the matter preceding paragraph (1), by
striking ``location selected under subsection (c)'' and
inserting ``medical center'';
(C) in paragraph (1), by striking ``and'' at the
end; and
(D) by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) female peer specialists are hired and made available
to support female veterans who are treated at each medical
center.''; and
(7) by amending subsection (g), as redesignated by
paragraph (1), to read as follows:
``(g) Reports.--
``(1) Periodic reports.--
``(A) In general.--Not later than one year after
the date of the enactment of the STRONG Veterans Act of
2022, and annually thereafter for five years, the
Secretary shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate
a report on the program, including the expansion of the
program under subsection (d)(1).
``(B) Elements.--Each report under subparagraph (A)
shall include, with respect to the one-year period
preceding the submission of the report, the following:
``(i) The findings and conclusions of the
Secretary with respect to the program.
``(ii) An assessment of the benefits of the
program to veterans and family members of
veterans.
``(iii) An assessment of the effectiveness
of peer specialists in engaging under
subsection (f) with health care providers in
the community and veterans served by such
providers.
``(iv) The name and location of each
medical center where new peer specialists were
hired.
``(v) The number of new peer specialists
hired at each medical center pursuant to this
section and the total number of peer
specialists within the Department hired
pursuant to this section.
``(vi) An assessment of any barriers
confronting the recruitment, training, or
retention of peer specialists.
``(2) Final report.--Not later than one year after the
Secretary determines that the program is being carried out at
each medical center of the Department, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report notifying such
committees of such determination.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Veterans Affairs to implement section
506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701
note), as amended by subsection (a), the following amounts:
(1) $3,600,000 for fiscal year 2022.
(2) $7,200,000 for fiscal year 2023.
(3) $10,800,000 for fiscal year 2024.
(4) $14,400,000 for fiscal year 2025.
(5) $18,000,000 for fiscal year 2026.
(6) $21,600,000 for fiscal year 2027.
(7) $25,000,000 for fiscal year 2028.
SEC. 402. EXPANSION OF VET CENTER SERVICES.
(a) Veterans and Members Using Educational Assistance Benefits.--
Section 1712A of title 38, United States Code, is amended--
(1) by striking ``clauses (i) through (vi)'' both places it
appears and inserting ``clauses (i) through (vii)'';
(2) by striking ``in clause (vii)'' both places it appears
and inserting ``in clause (viii)'';
(3) in subsection (a)(1)(C)--
(A) by redesignating clause (vii) as clause (viii);
and
(B) by inserting after clause (vi) the following
new clause:
``(vii) Any veteran or member of the Armed Forces pursuing
a course of education using covered educational assistance
benefits.''; and
(4) in subsection (h), by adding at the end the following
new paragraph:
``(6) The term `covered educational assistance benefits'
means educational assistance benefits provided pursuant to--
``(A) chapter 30, 31, 32, or 33 of this title;
``(B) chapter 1606 or 1607 of title 10;
``(C) section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48;
38 U.S.C. 3001 note); or
``(D) section 8006 of the American Rescue Plan Act
of 2021 (Public Law 117-2; 38 U.S.C. 3001 note
prec.).''.
(b) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report assessing--
(1) the mental health needs of veterans pursuing a course
of education using covered educational assistance benefits (as
defined in section 1712A(h)(6) of title 38, United States Code,
as added by subsection (a)); and
(2) the efforts of the Department of Veterans Affairs to
address such mental health needs.
SEC. 403. ELIGIBILITY FOR MENTAL HEALTH SERVICES.
(a) In General.--Section 1712A(a)(1) of title 38, United States
Code, as amended by section 402, is further amended--
(1) in subparagraph (A)(ii)--
(A) in subclause (I), by striking ``and'';
(B) in subclause (II), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) in the case of a veteran or member who died
by suicide, to the degree that counseling furnished to
such individual is found to aid in coping with the
effects of such suicide.'';
(2) in subparagraph (B)(i)(II)--
(A) in item (aa), by striking ``or'';
(B) in item (bb), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following;
``(cc) coping with the effects of a suicide
described in subclause (III) of such clause.'';
and
(3) in subparagraph (C)(vii)--
(A) in subclause (I), by striking ``or'' at the
end;
(B) in subclause (II), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(III) veteran or member of the Armed Forces who
died by suicide.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to family members of a member or veteran who died by
suicide before, on, or after the date of the enactment of this Act.
SEC. 404. MENTAL HEALTH CONSULTATIONS.
(a) Mental Health Consultations for Veterans Filing for
Compensation.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1167. Mental health consultations
``(a) In General.--Not later than 30 days after the date on which a
veteran submits to the Secretary a claim for compensation under this
chapter for a service-connected disability relating to a mental health
diagnosis, the Secretary shall offer the veteran a mental health
consultation to assess the mental health needs of, and care options
for, the veteran.
``(b) Availability.--The Secretary shall--
``(1) offer a veteran a consultation under subsection (a)
without regard to any previous denial or approval of a claim of
that veteran for a service-connected disability relating to a
mental health diagnosis; and
``(2) ensure that a veteran offered a mental health
consultation under subsection (a) may elect to receive such
consultation during the one-year period beginning on the date
on which the consultation is offered or during such longer
period beginning on such date as the Secretary considers
appropriate.
``(c) Rule of Construction.--A consultation provided to a veteran
under this section shall not be construed as a determination that any
disability of such veteran is service-connected for the purposes of any
benefit under the laws administered by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by adding at
the end the following new item:
``1167. Mental health consultations.''.
(b) Mental Health Consultations for Veterans Entering Homeless
Programs Office Programs.--
(1) In general.--Subchapter VII of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2068. Mental health consultations
``(a) In General.--Not later than two weeks after the date on which
a veteran described in subsection (b) enters into a program
administered by the Homeless Programs Office of the Department, the
Secretary shall offer the veteran a mental health consultation to
assess the health needs of, and care options for, the veteran.
``(b) Veteran Described.--A veteran described in this subsection is
a veteran to whom a mental health consultation is not offered or
provided through the case management services of the program of the
Homeless Programs Office into which the veteran enters.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:
``2068. Mental health consultations.''.
TITLE V--RESEARCH
SEC. 501. VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PROGRAM OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the House of Representatives
and the Senate a report on the Veterans Integration to Academic
Leadership program of the Department of Veterans Affairs. The report
shall include the following:
(1) The number of medical centers of the Department,
institutions of higher learning, non-college degree programs,
and student veterans supported by the program, and relevant
trends since the program began.
(2) The staff and resources allocated to the program, and
relevant trends since the program began.
(3) An assessment of the outcomes and effectiveness of the
program in--
(A) supporting student veterans;
(B) connecting student veterans to needed services
of the Department or services provided by non-
Department entities;
(C) addressing the mental health needs of student
veterans;
(D) lowering the suicide risk of student veterans;
and
(E) helping student veterans achieve educational
goals.
(4) An assessment of barriers to expanding the program and
how the Secretary intends to address such barriers.
(5) An assessment of whether the program should be expanded
outside of the Office of Mental Health and Suicide Prevention
to support students veterans with needs unrelated to mental
health or suicide.
(b) Uniform Best Practices, Goals, and Measures.--The Secretary
shall establish best practices, goals, and measures for the Veterans
Integration to Academic Leadership program of the Department that are
uniform among the medical centers of the Department.
(c) Outreach.--The Secretary shall conduct outreach among the Armed
Forces, veterans service organizations, institutions of higher
learning, and non-college degree programs with respect to the Veterans
Integration to Academic Leadership program of the Department.
(d) Assessment.--The Secretary shall assess the feasibility and
advisability of including the suicide rate for student veterans in the
National Veteran Suicide Prevention Annual Report of the Office of
Mental Health and Suicide Prevention of the Department.
(e) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given that term in section 3452 of title 38, United
States Code.
(2) The term ``student veteran'' means the following:
(A) A veteran or member of the Armed Forces using
educational assistance under any of the following
provisions of law:
(i) Chapter 30, 31, 32, or 33 of title 38,
United States Code, or chapter 1606 or 1607 of
title 10, United States Code.
(ii) Section 116 of the Harry W. Colmery
Veterans Educational Assistance Act of 2017
(Public Law 115-48; 38 U.S.C. 3001 note).
(iii) Section 8006 of the American Rescue
Plan Act of 2021 (Public Law 117-2; 38 U.S.C.
3001 note prec.).
(B) A veteran who is enrolled in an institution of
higher learning or other training program, without
regard to whether the veteran is using educational
assistance specified in subparagraph (A).
SEC. 502. IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Pursuant to the analysis conducted under
subsection (b), the Secretary of Veterans Affairs shall take such
action as the Secretary considers appropriate to improve the assessment
and treatment of veterans with sleep disorders, including by conducting
in-home sleep studies for veterans.
(b) Analysis.--The Secretary shall conduct an analysis of the
ability of the Department of Veterans Affairs to treat sleep disorders
among veterans, including--
(1) assessment and treatment options for such disorders;
(2) barriers to care for such disorders, such as wait time,
travel time, and lack of staffing;
(3) the efficacy of the clinical practice guidelines of the
Department of Veterans Affairs and the Department of Defense
for such disorders; and
(4) the availability of and efficacy of the use by the
Department of Veterans Affairs of cognitive behavioral therapy
for insomnia.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on--
(1) the findings from the analysis conducted under
subsection (b); and
(2) any actions taken under subsection (a) to improve the
assessment and treatment of veterans with sleep disorders.
(d) Authorization of Appropriations for In-Home Sleep Studies.--
There is authorized to be appropriated to the Secretary of Veterans
Affairs $5,000,000 to be used to conduct in-home sleep studies for
veterans, as part of sleep disorder assessment and treatment conducted
by the Department of Veterans Affairs.
SEC. 503. STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE CARE FROM
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
the conduct of a study on access of veterans to care under the
residential rehabilitation treatment programs of the Department of
Veterans Affairs to determine--
(1) if there are sufficient geographic offerings of
inpatient mental health care, especially for veterans in rural
and remote communities;
(2) if there are sufficient bed spaces at each location,
based on demand and drive time from the homes of veterans;
(3) if there are any workforce-related capacity limitations
at each location, including if beds are unable to be used
because there are not enough providers to care for additional
patients;
(4) if there are diagnosis-specific or sex-specific
barriers to accessing care under such programs; and
(5) the average wait time for a bed in such a program,
broken out by--
(A) Veterans Integrated Service Network;
(B) rural or urban area;
(C) sex; and
(D) specialty (general program, substance use
disorder program, military sexual trauma program,
etc.).
(b) Recommendations for Modifications to Treatment Programs.--Using
the results from the study conducted under subsection (a), the
Secretary shall make recommendations for--
(1) new locations for opening facilities to participate in
the residential rehabilitation treatment programs of the
Department;
(2) facilities under such programs at which new beds can be
added; and
(3) any additional specialty tracks to be added to such
programs, such as substance use disorder or military sexual
trauma, in order to meet veteran need and demand.
(c) Report.--Not later than 180 days after completion of the study
under subsection (a), the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the findings of the study
conducted under subsection (a) and the recommendations made by the
Secretary under subsection (b).
SEC. 504. STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR
CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall conduct
a study examining--
(1) the availability of treatment programs for veterans
with co-occurring mental health and substance use disorders
(including both inpatient and outpatient care);
(2) any geographic disparities in access to such programs,
such as for rural and remote veterans; and
(3) the average wait times for care under such programs.
(b) Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the findings of the study conducted under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include--
(A) any recommendations resulting from the study
conducted under subsection (a) with respect to
improving timeliness and quality of care and meeting
treatment preferences for veterans with co-occurring
mental health and substance use disorders; and
(B) a description of any actions taken by the
Secretary to improve care for such veterans.
SEC. 505. STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs, acting through
the Under Secretary for Health and the Office of Mental Health and
Suicide Prevention, shall conduct a study evaluating the workload of
local suicide prevention teams of the Department of Veterans Affairs.
(b) Elements.--The study conducted under subsection (a) shall--
(1) identify the effects of the growth of the suicide
prevention program of the Department on the workload of suicide
prevention teams;
(2) incorporate key practices for staffing model design in
determining suicide prevention staffing needs; and
(3) determine which facilities of the Department need
increased suicide prevention coordinator staffing to meet the
needs of veterans, with an emphasis placed on facilities with
high patient volume and facilities located in States with high
rates of veteran suicide.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report--
(1) on the findings of the study conducted under subsection
(a); and
(2) indicating any changes made to the staffing of suicide
prevention teams of the Department resulting from the
determinations made under subsection (b)(3), including a list
of facilities of the Department where staffing was adjusted.
SEC. 506. EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH RESEARCH.
(a) Research on Moral Injury.--The Secretary of Veterans Affairs,
acting through the Office of Research and Development of the Department
of Veterans Affairs, shall conduct suicide prevention and mental health
care improvement research on how moral injury relates to the mental
health needs of veterans who served in the Armed Forces after September
11, 2001, and best practices for mental health treatment for such
veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Veterans Affairs an additional
$10,000,000 to be used by the Center of Excellence for Suicide
Prevention of the Department and the Rocky Mountain Mental Illness
Research Education and Clinical Center for purposes of conducting
research on the factors impacting veteran suicide and best practices
for early intervention and support.
SEC. 507. STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUPPORT FOR
MILITARY FAMILIES.
(a) In General.--The Secretary of Veterans Affairs, in
collaboration with the Secretary of Defense, shall conduct a study on
secondary post-traumatic stress disorder and depression and its impact
on spouses, children, and caregivers of members of the Armed Forces.
(b) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Veterans
Affairs, in collaboration with the Secretary of Defense, shall
submit to Congress, veterans service organizations, and
military support organizations a report on the findings of the
study conducted under subsection (a).
(2) Definitions.--In this subsection:
(A) The term ``military support organization'' has
the meaning given that term by the Secretary of
Defense.
(B) The term ``veterans service organization''
means an organization recognized by the Secretary of
Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
SEC. 508. RESEARCH ON BRAIN HEALTH.
There is authorized to be appropriated to the Department of
Veterans Affairs an additional $5,000,000 for ongoing and future
research at the Translational Research Center of the Department of
Veterans Affairs for traumatic brain injury and stress disorders to
provide better understanding of, and improved treatment options for,
veterans who served in the Armed Forces after September 11, 2001, and
who have traumatic brain injury or post-traumatic stress disorder.
SEC. 509. STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR POST-
TRAUMATIC STRESS DISORDER.
Not later than two years after the date of the enactment of this
Act, the Secretary of Veterans Affairs, acting through the Office of
Research and Development of the Department of Veterans Affairs, shall
conduct a study on--
(1) the efficacy of clinical and at-home resources, such as
mobile applications like COVID Coach, for providers, veterans,
caregivers, and family members to use for dealing with
stressors;
(2) the feasibility and advisability of developing more
such resources;
(3) strategies for improving mental health care and
outcomes for veterans with post-traumatic stress disorder; and
(4) best practices for helping family members of veterans
deal with secondary post-traumatic stress disorder or mental
health concerns.
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Unleashing American Innovators
Act of 2022''.
SEC. 102. DEFINITIONS.
In this division:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(3) Patent pro bono programs.--The term ``patent pro bono
programs'' means the programs established pursuant to section
32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).
(4) Southeast region of the united states.--The term
``southeast region of the United States'' means the area of the
United States that is comprised of the States of Virginia,
North Carolina, South Carolina, Georgia, Florida, Tennessee,
Alabama, Mississippi, Louisiana, and Arkansas.
SEC. 103. SATELLITE OFFICES.
(a) Amendments to Purpose and Required Considerations.--Section 23
of the Leahy-Smith America Invents Act (35 U.S.C. 1 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``increase outreach
activities to''; and
(ii) by inserting after ``Office'' the
following: ``, including by increasing outreach
activities, including to individual inventors,
small businesses, veterans, low-income
populations, students, rural populations, and
any geographic group of innovators that the
Director may determine to be underrepresented
in patent filings''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) enhance patent examiner and administrative patent
judge retention, including patent examiners and administrative
patent judges from economically, geographically, and
demographically diverse backgrounds;''; and
(2) in subsection (c)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) with respect to each office established after
January 1, 2023, shall consider the proximity of the
office to anchor institutions (such as hospitals
primarily serving veterans and institutions of higher
education), individual inventors, small businesses,
veterans, low-income populations, students, rural
populations, and any geographic group of innovators
that the Director may determine to be underrepresented
in patent filings.''.
(b) Southeast Regional Office.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director shall establish a satellite
office of the Office in the southeast region of the United
States.
(2) Considerations.--When selecting a site for the office
required under paragraph (1), the Director shall consider the
following:
(A) The number of patent-intensive industries
located near the site.
(B) How many research-intensive institutions,
including institutions of higher education, are located
near the site.
(C) The State and local government legal and
business frameworks that support intellectual property-
intensive industries located near the site.
(c) Study on Additional Satellite Offices.--Not later than 2 years
after the date of enactment of this Act, the Director shall complete a
study to determine whether additional satellite offices of the Office
are necessary to--
(1) achieve the purposes described in section 23(b) of the
Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended
by this section; and
(2) increase participation in the patent system by
individual inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings.
SEC. 104. COMMUNITY OUTREACH OFFICES.
(a) Establishment.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 5 years after the date of enactment of this Act, the
Director shall establish not fewer than 4 community outreach
offices throughout the United States.
(2) Restriction.--No community outreach office established
under paragraph (1) may be located in the same State as--
(A) the principal office of the Office; or
(B) any satellite office of the Office.
(3) Requirement for northern new england region.--
(A) In general.--The Director shall establish not
less than 1 community outreach office under this
subsection in the northern New England region, which
shall serve the States of Vermont, New Hampshire, and
Maine.
(B) Considerations.--In determining the location
for the office required to be established under
subparagraph (A), the Director shall give preference to
a location in which--
(i) as of the date of enactment of this
Act--
(I) there is located not less than
1 public institution of higher
education and not less than 1 private
institution of higher education; and
(II) there are located not more
than 15 registered patent attorneys,
according to data from the Office of
Enrollment and Discipline of the
Office; and
(ii) according to data from the 2012 Survey
of Business Owners conducted by the Bureau of
the Census, less than 45 percent of the firms
(as that term is defined for the purposes of
that Survey) are owned by women, minorities, or
veterans.
(b) Purposes.--The purposes of the community outreach offices
established under subsection (a) are to--
(1) further achieve the purposes described in section
23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1
note), as amended by this division;
(2) partner with local community organizations,
institutions of higher education, research institutions, and
businesses to create community-based programs that--
(A) provide education regarding the patent system;
and
(B) promote the career benefits of innovation and
entrepreneurship; and
(3) educate prospective inventors, including individual
inventors, small businesses, veterans, low-income populations,
students, rural populations, and any geographic group of
innovators that the Director may determine to be
underrepresented in patent filings, about all public and
private resources available to potential patent applicants,
including the patent pro bono programs.
SEC. 105. UPDATES TO THE PATENT PRO BONO PROGRAMS.
(a) Study and Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(A) complete a study of the patent pro bono
programs; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
(2) Scope of the study.--The study required under paragraph
(1)(A) shall--
(A) assess--
(i) whether the patent pro bono programs,
as in effect on the date on which the study is
commenced, are sufficiently serving prospective
and existing participants;
(ii) whether the patent pro bono programs
are sufficiently funded to serve prospective
participants;
(iii) whether any participation requirement
of the patent pro bono programs, including any
requirement to demonstrate knowledge of the
patent system, serves as a deterrent for
prospective participants;
(iv) the degree to which prospective
inventors are aware of the patent pro bono
programs;
(v) what factors, if any, deter attorneys
from participating in the patent pro bono
programs;
(vi) whether the patent pro bono programs
would be improved by expanding those programs
to include non-attorney advocates; and
(vii) any other issue the Director
determines appropriate; and
(B) make recommendations for such administrative
and legislative action as may be appropriate.
(b) Use of Results.--Upon completion of the study required under
subsection (a), the Director shall work with the Pro Bono Advisory
Council, the operators of the patent pro bono programs, and
intellectual property law associations across the United States to
update the patent pro bono programs in response to the findings of the
study.
(c) Expansion of Income Eligibility.--
(1) In general.--The Director shall work with and support,
including by providing financial support to, existing patent
pro bono programs and intellectual property law associations
across the United States to expand eligibility for the patent
pro bono programs to an individual living in a household, the
gross household income of which is not more than 400 percent of
the Federal poverty line.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to prevent a patent pro bono program from electing to
establish a higher eligibility level, as compared to the level
described in that paragraph.
SEC. 106. PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a pilot program to
assist first-time prospective patent applicants in assessing the
strengths and weaknesses of a potential patent application submitted by
such a prospective applicant.
(b) Considerations.--In developing the pilot program required under
subsection (a), the Director shall establish--
(1) a notification process to notify a prospective patent
applicant seeking an assessment described in that subsection
that any assessment so provided may not be considered an
official ruling of patentability from the Office;
(2) conditions to determine eligibility for the pilot
program, taking into consideration available resources;
(3) reasonable limitations on the amount of time to be
spent providing assistance to each individual first-time
prospective patent applicant;
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono
programs; and
(5) procedures to protect the confidentiality of the
information disclosed by prospective patent applicants.
SEC. 107. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
(a) Title 35.--Section 41(h) of title 35, United States Code, is
amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``60 percent''; and
(2) in paragraph (3), by striking ``75 percent'' and
inserting ``80 percent''.
(b) False Certifications.--Title 35, United States Code, is
amended--
(1) in section 41, by adding at the end the following:
``(j) Penalty for False Assertions.--In addition to any other
penalty available under law, an entity that is found to have falsely
asserted entitlement to a fee reduction under this section shall be
subject to a fine, to be determined by the Director, the amount of
which shall be not less than 3 times the amount that the entity failed
to pay as a result of the false assertion, whether the Director
discovers the false assertion before or after the date on which a
patent has been issued.''; and
(2) in section 123, by adding at the end the following:
``(f) Penalty for False Certifications.--In addition to any other
penalty available under law, an entity that is found to have falsely
made a certification under this section shall be subject to a fine, to
be determined by the Director, the amount of which shall be not less
than 3 times the amount that the entity failed to pay as a result of
the false certification, whether the Director discovers the false
certification before or after the date on which a patent has been
issued.''.
(c) Leahy-Smith America Invents Act.--Section 10(b) of the Leahy
Smith America Invents Act (35 U.S.C. 41 note) is amended--
(1) by striking ``50 percent'' and inserting ``60
percent''; and
(2) by striking ``75 percent'' and inserting ``80
percent''.
(d) Study on Fees.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director shall--
(A) complete a study of the fees charged by the
Office; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
(2) Scope of study.--The study required under paragraph
(1)(A) shall--
(A) assess whether--
(i) fees for small and micro entities are
inhibiting the filing of patent applications by
those entities;
(ii) fees for examination should
approximately match the costs of examination
and what incentives are created by using
maintenance fees to cover the costs of
examination; and
(iii) the results of the assessments
performed under clauses (i) and (ii) counsel in
favor of changes to the fee structure of the
Office, such as--
(I) raising standard application
and examination fees;
(II) reducing standard maintenance
fees; and
(III) reducing the fees for small
and micro entities as a percentage of
standard application fees; and
(B) make recommendations for such administrative
and legislative action as may be appropriate.
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
SEC. 101. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND.
Section 3014(a) of title 18, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``December 23, 2022'' and
inserting ``December 23, 2024''.
DIVISION Y--CONTRACT ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Continuity for Operators with
Necessary Training Required for ATC Contract Towers Act of 2022'' or
the ``CONTRACT Act of 2022''.
SEC. 102. ANNUITY SUPPLEMENT.
Section 8421a(c) of title 5, United States Code, is amended--
(1) by striking ``as an air traffic'' and inserting the
following: ``as an--
``(1) air traffic'';
(2) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(2) air traffic controller pursuant to a contract made
with the Secretary of Transportation under section 47124 of
title 49.''.
DIVISION Z--COVS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Computers for Veterans and
Students Act of 2022'' or the ``COVS Act''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Access to computers and computer technology is
indispensable for success in the 21st century. Millions of
Americans do not regularly use a computer and research shows
that substantial disparities remain in both internet use and
the quality of access, with the digital divide concentrated
among older, less educated, less affluent populations,
especially veterans, low-income students, and senior citizens.
(2) The COVID-19 pandemic has highlighted the gap between
those with computer access and those without. Millions of
students, their families, and workers from across the economy
were unable to do schoolwork, work remotely from home, or
connect to loved ones and their communities because of the
digital divide.
(3) Any Federal program that distributes surplus,
repairable Federal computers or technology equipment would
benefit from a partnership with a nonprofit organization whose
mission is bridging the digital divide.
SEC. 103. REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS AND
TECHNOLOGY EQUIPMENT.
(a) In General.--Subchapter III of chapter 5 of title 40, United
States Code, is amended by inserting after section 549 the following:
``Sec. 549a. Donation of personal property through nonprofit
refurbishers
``(a) Authorization.--Not later than 30 days after the date on
which the Administrator provides State agencies for surplus property an
opportunity to review surplus computer or technology equipment under
section 549, the Administrator shall, as appropriate, transfer full
title to such surplus computer or technology equipment that is
determined to be eligible under subsection (b)(1) to nonprofit computer
refurbishers for repair, distribution, and subsequent transfer of full
title of the equipment to eligible recipients under this section.
``(b) Eligibility, Participation, and Duties.--
``(1) Eligibility.--Surplus computer or technology
equipment is eligible for transfer under this section if a
Federal agency determines that--
``(A) the surplus computer or technology equipment
is repairable; and
``(B) the surplus computer or technology equipment
meets the Guidelines for Media Sanitization issued by
the National Institute of Standards and Technology
(NIST Special Publication 800-88), or any successor
thereto.
``(2) Participation.--The Administrator may establish
partnerships with nongovernmental entities, at no cost and
through cooperative agreements, to facilitate the
identification and participation of nonprofit computer
refurbishers under this section.
``(3) Duties of refurbishers.--A nonprofit computer
refurbisher that receives surplus computer or technology
equipment under this section shall--
``(A) make necessary repairs to restore the surplus
computer or technology equipment to working order;
``(B) distribute the repaired surplus computer or
technology equipment to eligible recipients at no cost,
except to the extent--
``(i) necessary to facilitate shipping and
handling of such equipment; and
``(ii) that such cost is consistent with
any regulations promulgated by the
Administrator under subsection (d);
``(C) offer training programs on the use of the
repaired computers and technology equipment for the
recipients of the equipment; and
``(D) use recyclers to the maximum extent
practicable in the event that surplus computer or
technology equipment transferred under this section
cannot be repaired or reused.
``(c) Reporting Requirements.--
``(1) Refurbisher reports.--A nonprofit computer
refurbisher that receives surplus computer or technology
equipment under this section shall provide the Administrator
with any information the Administrator determines to be
necessary for required reporting--
``(A) including information about the distribution
of such equipment; and
``(B) which shall not include any personal
identifying information about the recipient of such
equipment apart from whether a recipient is an
educational institution, individual with disabilities,
low-income individual, student, senior in need, or
veteran for the purposes of eligibility under this
section.
``(2) Administrator reports.--Annually and consistent with
reporting requirements for transfers of Federal personal
property to non-Federal entities, the Administrator shall
submit to Congress and make publicly available a report that
includes, for the period covered by the report--
``(A) a description of the efforts of the
Administrator under this section;
``(B) a list of nongovernmental entities with which
the Administrator had a partnership described in
subsection (b)(2);
``(C) a list of nonprofit computer refurbishers
that received, made repairs to, and distributed surplus
computer and technology equipment, including disclosure
of any foreign ownership interest in a nonprofit
computer refurbisher; and
``(D) a list of donated and subsequently repaired
surplus computer or technology equipment identifying--
``(i) the Federal agency that donated the
surplus computer or technology equipment;
``(ii) the State and county (or similar
unit of local government) where the recipient
is located; and
``(iii) whether the recipient is an
educational institution, individual with
disabilities, low-income individual, student,
senior in need, or veteran.
``(3) Agency reports.--Not later than 5 years after the
date of enactment of this section, and annually thereafter, the
head of each Federal agency shall make publicly available a
report on the number of pieces of repairable surplus computer
or technology equipment that were sent to recycling, abandoned,
or destroyed.
``(d) Regulations.--The Administrator shall issue regulations that
are necessary and appropriate to implement this section, including--
``(1) allowing nonprofit computer refurbishers to assess
nominal fees (which shall not exceed fair market value) on
recipients of refurbished surplus computer or technology
equipment to facilitate shipping and handling of the surplus
computer or technology equipment;
``(2) determining, in coordination with other relevant
Federal agencies, eligibility and certification requirements
for nongovernmental entities and nonprofit computer
refurbishers to participate in the program established under
this section, including whether the participation of a
nongovernmental entity or nonprofit computer refurbisher poses
any actual or potential harm to the national security interests
of the United States;
``(3) establishing an efficient process for identifying
eligible recipients; and
``(4) determining appropriate recyclers to dispose of
surplus computer or technology equipment if it cannot be
repaired or refurbished under this section.
``(e) Judicial Review.--Nothing in this section shall be construed
to create any substantive or procedural right or benefit enforceable by
law by a party against the United States, its agencies, its officers,
or its employees.
``(f) Rule of Construction.--Nothing in this section may be
construed to supersede the requirements of the Stevenson-Wydler
Technology Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et
seq.).
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Digital divide.--The term `digital divide' means the
gap between those who have an internet-connected computer and
the skills to use the computer and those who do not.
``(3) Disability.--The term `disability' has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(4) Educational institution.--The term `educational
institution' means--
``(A) any public or private child care center,
preschool, elementary school, secondary school,
accredited institution of vocational or professional
education, or institution of higher education;
``(B) in the case of an accredited institution of
vocational or professional education or an institution
of higher education composed of more than 1 school,
college, or department that is administratively a
separate unit, each such school, college, or
department; and
``(C) a home school (whether treated as a home
school or private school for the purposes of applicable
State law).
``(5) Eligible recipient.--The term `eligible recipient'
means an educational institution, individual with a disability,
low-income individual, student, senior in need, or veteran that
is residing or based in the United States.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Low-income individual.--The term `low-income
individual' has the meaning given that term in section 351 of
the Small Business Investment Act of 1958 (15 U.S.C. 689).
``(8) Nongovernmental entity.--The term `nongovernmental
entity' means an organization or group of organizations that--
``(A) are not part of a Federal, State, local,
Tribal, or territorial government; and
``(B) are nonprofit computer refurbishers or other
industry participants that--
``(i) primarily work to improve access to
information and communication technology in
their mission to bridge the digital divide
through coordination and oversight of computer
refurbishment and repair; and
``(ii) operate in the United States.
``(9) Nonprofit computer refurbisher.--The term `nonprofit
computer refurbisher' means a nonprofit organization that--
``(A) primarily works to improve access to
information and communication technology in their
mission to bridge the digital divide; and
``(B) operates in the United States.
``(10) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described under
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(11) Repairable.--The term `repairable' means property
that is unusable in its current state but can be economically
repaired.
``(12) Secondary school.--The term `secondary school' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(13) Senior.--The term `senior' means an individual who
is 65 years of age or older.
``(14) Senior in need.--The term `senior in need' means a
senior who experiences cultural, social, or geographical
isolation that--
``(A) restricts the ability of the senior to
perform normal daily tasks; or
``(B) threatens the capacity of the senior to live
independently.
``(15) State agency for surplus property.--The term `State
agency for surplus property' has the meaning given the term
`state agency' under section 549(a).
``(16) Student.--The term `student' means any individual
enrolled in an educational institution, but not a public or
private child care center.
``(17) Surplus computer or technology equipment.--The term
`surplus computer or technology equipment' means computer or
technology equipment that is property described under section
549(b)(2).
``(18) Technology equipment.--The term `technology
equipment' means any physical asset related to a computer or
information technology, including any peripheral component,
tablet, communication device (such as a router, server, or cell
phone), printer, scanner, uninterruptible power source, cable,
or connection.
``(19) Veteran.--The term `veteran' has the meaning given
that term in section 101 of title 38.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 40, United States Code, is amended by inserting after the item
relating to section 549 the following:
``549a. Donation of personal property through nonprofit
refurbishers.''.
DIVISION AA--FINANCIAL SERVICES MATTERS
TITLE I--REGISTRATION FOR INDEX-LINKED ANNUITIES
SEC. 101. PARITY FOR REGISTERED INDEX-LINKED ANNUITIES REGARDING
REGISTRATION RULES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Investment company.--The term ``investment company''
has the meaning given the term in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a-3).
(3) Market value adjustment.--The term ``market value
adjustment'' means, with respect to a registered index-linked
annuity, after an early withdrawal or contract discontinuance--
(A) an adjustment to the value of that annuity
based on calculations using a predetermined formula; or
(B) a change in interest rates (or other factor, as
determined by the Commission) that apply to that
annuity.
(4) Purchaser.--The term ``purchaser'' means a purchaser of
a registered index-linked annuity.
(5) Registered index-linked annuity.--The term ``registered
index-linked annuity'' means an annuity--
(A) that is deemed to be a security;
(B) that is registered with the Commission in
accordance with section 5 of the Securities Act of 1933
(15 U.S.C. 77e);
(C) that is issued by an insurance company that is
subject to the supervision of--
(i) the insurance commissioner or bank
commissioner of any State; or
(ii) any agency or officer performing like
functions as a commissioner described in clause
(i);
(D) that is not issued by an investment company;
and
(E) the returns of which--
(i) are based on the performance of a
specified benchmark index or rate (or a
registered exchange traded fund that seeks to
track the performance of a specified benchmark
index or rate); and
(ii) may be subject to a market value
adjustment if amounts are withdrawn before the
end of the period during which that market
value adjustment applies.
(6) Security.--The term ``security'' has the meaning given
the term in section 2(a) of the Securities Act of 1933 (15
U.S.C. 77b(a)).
(b) Rules.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall propose, and, not
later than 18 months after the date of enactment of this Act,
the Commission shall prepare and finalize, new or amended
rules, as appropriate, to establish a new form in accordance
with paragraph (2) on which an issuer of a registered index-
linked annuity may register that registered index-linked
annuity, subject to conditions the Commission determines
appropriate, which may include requiring the issuer to take the
steps described in section 240.12h-7(e) of title 17, Code of
Federal Regulations, or any successor regulation, with respect
to the registered index-linked annuity.
(2) Design of form.--In developing the form required to be
established under paragraph (1), the Commission shall--
(A) design the form to ensure that a purchaser
using the form receives the information necessary to
make knowledgeable decisions, taking into account--
(i) the availability of information;
(ii) the knowledge and sophistication of
that class of purchasers;
(iii) the complexity of the registered
index-linked annuity; and
(iv) any other factor the Commission
determines appropriate;
(B) engage in investor testing; and
(C) incorporate the results of the testing required
under subparagraph (B) in the design of the form, with
the goal of ensuring that key information is conveyed
in terms that a purchaser is able to understand.
(c) Treatment if Rules Not Prepared and Finalized in a Timely
Manner.--
(1) In general.--If, as of the date that is 18 months after
the date of enactment of this Act, the Commission has failed to
prepare and finalize the rules required under subsection
(b)(1), any registered index-linked annuity may be registered
on the form described in section 239.17b of title 17, Code of
Federal Regulations, or any successor regulation.
(2) Preparation.--A registration described in paragraph (1)
shall be prepared pursuant to applicable provisions of the form
described in that paragraph.
(3) Termination.--This subsection shall terminate upon the
establishment by the Commission of the form described in
subsection (b).
(d) Rules of Construction.--Nothing in this section may be
construed to--
(1) limit the authority of the Commission to--
(A) determine the information to be requested in
the form described in subsection (b); or
(B) extend the eligibility for the form described
in subsection (b) to a product that is similar to, but
is not, a registered index-linked annuity; or
(2) preempt any State law, regulation, rule, or order.
TITLE II--MASIH ALINEJAD HUNT ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``Masih Alinejad Harassment and
Unlawful Targeting Act of 2022'' or the ``Masih Alinejad HUNT Act of
2022''.
SEC. 202. FINDINGS.
Congress finds that the Government of the Islamic Republic of Iran
surveils, harasses, terrorizes, tortures, abducts, and murders
individuals who peacefully defend human rights and freedoms in Iran,
and innocent entities and individuals considered by the Government of
Iran to be enemies of that regime, including United States citizens on
United States soil, and takes foreign nationals hostage, including in
the following instances:
(1) In 2021, Iranian intelligence agents were indicted for
plotting to kidnap United States citizen, women's rights
activist, and journalist Masih Alinejad, from her home in New
York City, in retaliation for exercising her rights under the
First Amendment to the Constitution of the United States.
Iranian agents allegedly spent at least approximately half a
million dollars to capture the outspoken critic of the
authoritarianism of the Government of Iran, and studied
evacuating her by military-style speedboats to Venezuela before
rendition to Iran.
(2) Prior to the New York kidnapping plot, Ms. Alinejad's
family in Iran was instructed by authorities to lure Ms.
Alinejad to Turkey. In an attempt to intimidate her into
silence, the Government of Iran arrested 3 of Ms. Alinejad's
family members in 2019, and sentenced her brother to 8 years in
prison for refusing to denounce her.
(3) According to Federal prosecutors, the same Iranian
intelligence network that allegedly plotted to kidnap Ms.
Alinejad is also targeting critics of the Government of Iran
who live in Canada, the United Kingdom, and the United Arab
Emirates.
(4) In 2021, an Iranian diplomat was convicted in Belgium
of attempting to carry out a 2018 bombing of a dissident rally
in France.
(5) In 2021, a Danish high court found a Norwegian citizen
of Iranian descent guilty of illegal espionage and complicity
in a failed plot to kill an Iranian Arab dissident figure in
Denmark.
(6) In 2021, the British Broadcasting Corporation (BBC)
appealed to the United Nations to protect BBC Persian employees
in London who suffer regular harassment and threats of
kidnapping by Iranian government agents.
(7) In 2021, 15 militants allegedly working on behalf of
the Government of Iran were arrested in Ethiopia for plotting
to attack citizens of Israel, the United States, and the United
Arab Emirates, according to United States officials.
(8) In 2020, Iranian agents allegedly kidnapped United
States resident and Iranian-German journalist Jamshid Sharmahd,
while he was traveling to India through Dubai. Iranian
authorities announced they had seized Mr. Sharmahd in ``a
complex operation'', and paraded him blindfolded on state
television. Mr. Sharmahd is arbitrarily detained in Iran,
allegedly facing the death penalty. In 2009, Mr. Sharmahd was
the target of an alleged Iran-directed assassination plot in
Glendora, California.
(9) In 2020, the Government of Turkey released
counterterrorism files exposing how Iranian authorities
allegedly collaborated with drug gangs to kidnap Habib Chabi,
an Iranian-Swedish activist for Iran's Arab minority. In 2020,
the Government of Iran allegedly lured Mr. Chabi to Istanbul
through a female agent posing as a potential lover. Mr. Chabi
was then allegedly kidnapped from Istanbul, and smuggled into
Iran where he faces execution, following a sham trial.
(10) In 2020, a United States-Iranian citizen and an
Iranian resident of California pleaded guilty to charges of
acting as illegal agents of the Government of Iran by
surveilling Jewish student facilities, including the Hillel
Center and Rohr Chabad Center at the University of Chicago, in
addition to surveilling and collecting identifying information
about United States citizens and nationals who are critical of
the Iranian regime.
(11) In 2019, 2 Iranian intelligence officers at the
Iranian consulate in Turkey allegedly orchestrated the
assassination of Iranian dissident journalist Masoud Molavi
Vardanjani, who was shot while walking with a friend in
Istanbul. Unbeknownst to Mr. Molavi, his ``friend'' was in fact
an undercover Iranian agent and the leader of the killing
squad, according to a Turkish police report.
(12) In 2019, around 1,500 people were allegedly killed
amid a less than 2 week crackdown by security forces on anti-
government protests across Iran, including at least an alleged
23 children and 400 women.
(13) In 2019, Iranian operatives allegedly lured Paris-
based Iranian journalist Ruhollah Zam to Iraq, where he was
abducted, and hanged in Iran for sedition.
(14) In 2019, a Kurdistan regional court convicted an
Iranian female for trying to lure Voice of America reporter Ali
Javanmardi to a hotel room in Irbil, as part of a foiled
Iranian intelligence plot to kidnap and extradite Mr.
Javanmardi, a critic of the Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents
visited the rural Connecticut home of Iran-born United States
author and poet Roya Hakakian to warn her that she was the
target of an assassination plot orchestrated by the Government
of Iran.
(16) In 2019, the Government of the Netherlands accused the
Government of Iran of directing the assassination of Iranian
Arab activist Ahmad Mola Nissi, in The Hague, and the
assassination of another opposition figure, Reza Kolahi Samadi,
who was murdered near Amsterdam in 2015.
(17) In 2018, German security forces searched for 10
alleged spies who were working for Iran's al-Quds Force to
collect information on targets related to the local Jewish
community, including kindergartens.
(18) In 2017, Germany convicted a Pakistani man for working
as an Iranian agent to spy on targets including a former German
lawmaker and a French-Israeli economics professor.
(19) In 2012, an Iranian American pleaded guilty to
conspiring with members of the Iranian military to bomb a
popular Washington, DC, restaurant with the aim of
assassinating the ambassador of Saudi Arabia to the United
States.
(20) In 1996, agents of the Government of Iran allegedly
assassinated 5 Iranian dissident exiles across Turkey,
Pakistan, and Baghdad, over a 5-month period that year.
(21) In 1992, the Foreign and Commonwealth Office of the
United Kingdom expelled 2 Iranians employed at the Iranian
Embassy in London and a third Iranian on a student visa amid
allegations they were plotting to kill Indian-born British
American novelist Salman Rushdie, pursuant to the fatwa issued
by then supreme leader of Iran, Ayatollah Ruhollah Khomeini.
(22) In 1992, 4 Iranian Kurdish dissidents were
assassinated at a restaurant in Berlin, Germany, allegedly by
Iranian agents.
(23) In 1992, singer, actor, poet, and gay Iranian
dissident Fereydoun Farrokhzad was found dead with multiple
stab wounds in his apartment in Germany. His death is allegedly
the work of Iran-directed agents.
(24) In 1980, Ali Akbar Tabatabaei, a leading critic of
Iran and then president of the Iran Freedom Foundation, was
murdered in front of his Bethesda, Maryland, home by an
assassin disguised as a postal courier. The Federal Bureau of
Investigation had identified the ``mailman'' as Dawud
Salahuddin, born David Theodore Belfield. Mr. Salahuddin was
working as a security guard at an Iranian interest office in
Washington, DC, when he claims he accepted the assignment and
payment of $5,000 from the Government of Iran to kill Mr.
Tabatabaei.
(25) Other exiled Iranian dissidents alleged to have been
victims of the Government of Iran's murderous extraterritorial
campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam
Ali Oveissi.
(26) Iranian Americans face an ongoing campaign of
intimidation both in the virtual and physical world by agents
and affiliates of the Government of Iran, which aims to stifle
freedom of expression and eliminate the threat Iranian
authorities believe democracy, justice, and gender equality
pose to their rule.
SEC. 203. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on the
Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through account''
have the meanings given those terms in section 5318A of title
31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(5) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 204. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
WHO ARE RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD
DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Attorney General, shall
submit to the appropriate congressional committees a report
that--
(A) includes a detailed description and assessment
of--
(i) the state of human rights and the rule
of law inside Iran, including the treatment of
marginalized individuals and communities in
Iran;
(ii) actions taken by the Government of
Iran during the year preceding submission of
the report to target and silence dissidents
both inside and outside of Iran who advocate
for human rights inside Iran;
(iii) the methods used by the Government of
Iran to target and silence dissidents both
inside and outside of Iran; and
(iv) the means through which the Government
of Iran finances efforts to target and silence
dissidents both inside and outside of Iran and
the amount of that financing;
(B) identifies foreign persons working as part of
the Government of Iran or acting on behalf of that
Government or its proxies that are involved in
harassment and surveillance and that the Secretary of
State may also, as appropriate, determine, in
consultation with the Secretary of the Treasury, are
knowingly responsible for, complicit in, or involved in
ordering, conspiring, planning, or implementing the
surveillance, harassment, kidnapping, illegal
extradition, imprisonment, torture, killing, or
assassination, on or after the date of the enactment of
this Act, of citizens of Iran (including citizens of
Iran of dual nationality) or citizens of the United
States, inside or outside Iran, who seek--
(i) to expose illegal or corrupt activity
carried out by officials of the Government of
Iran; or
(ii) to obtain, exercise, defend, or
promote the human rights of individuals,
including members of marginalized communities,
in Iran; and
(C) includes, for each foreign person identified
under subparagraph (B), a clear explanation for why the
foreign person was so identified.
(2) Updates of report.--The report required by paragraph
(1) shall be updated, and the updated version submitted to the
appropriate congressional committees, during the 10-year period
following the date of the enactment of this Act--
(A) not less frequently than annually; and
(B) with respect to matters relating to the
identification of foreign persons under paragraph
(1)(B), on an ongoing basis as appropriate.
(3) Form of report.--
(A) In general.--Each report required by paragraph
(1) and each update required by paragraph (2) shall be
submitted in unclassified form but may include a
classified annex.
(B) Public availability.--The Secretary of State
shall post the unclassified portion of each report
required by paragraph (1) and each update required by
paragraph (2) on a publicly available internet website
of the Department of State.
(b) Imposition of Sanctions.--In the case of a foreign person
identified under paragraph (1)(B) of subsection (a) in the most recent
report or update submitted under that subsection, the President shall
impose the sanctions described in subsection (c), pursuant to this
section or an appropriate Executive authority.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
powers granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection (a)(1)(B) if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
(2) Inadmissibility of certain individuals .--
(A) Ineligibility for visas and admission to the
united states.--In the case of a foreign person
described in subsection (a)(1)(B) who is an individual,
the individual is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of an individual described in
subparagraph (A) shall be revoked, regardless
of when such visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the individual's possession.
SEC. 205. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
FINANCIAL INSTITUTIONS CONDUCTING SIGNIFICANT
TRANSACTIONS WITH PERSONS RESPONSIBLE FOR OR COMPLICIT IN
ABUSES TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF
IRAN.
(a) Report Required.--Not earlier than 30 days and not later than
60 days after the Secretary of State submits to the appropriate
congressional committees a report required by section 204(a), the
Secretary of the Treasury, in consultation with the Secretary of State,
shall submit to the appropriate congressional committees a report that
identifies any foreign financial institution that knowingly conducts a
significant transaction with a foreign person identified in the report
submitted under section 204(a) on or after the date on which the
foreign person is identified in that report.
(b) Imposition of Sanctions.--The Secretary of the Treasury may
prohibit the opening, or prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution identified
under subsection (a).
SEC. 206. EXCEPTIONS; WAIVERS; IMPLEMENTATION.
(a) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under sections 204 and
205 shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under section 204(c)(2) shall not apply
with respect to the admission of an individual to the United
States if the admission of the individual is necessary to
permit the United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(b) National Interests Waiver.--The President may waive the
application of sanctions under section 204 with respect to a person if
the President--
(1) determines that the waiver is in the national interests
of the United States; and
(2) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this title.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of section
204(c)(1) or 205(b) or any regulation, license, or order issued
to carry out either such section shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of this title,
the authorities and requirements to impose sanctions under this title
shall not include the authority or a requirement to impose sanctions on
the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
TITLE III--TRADING PROHIBITIONS
SEC. 301. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION YEARS.
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``the foreign
jurisdiction described in clause (i)'' and inserting ``a
foreign jurisdiction''; and
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``3'' and
inserting ``2''; and
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``3'' and inserting ``2''.
TITLE IV--ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT
SEC. 401. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) In General.--Section 5323 of title 31, United States Code, as
amended by section 6314 of the Anti-Money Laundering Act of 2020
(division F of Public Law 116-283) is amended by striking subsection
(b) and inserting the following:
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary, under
regulations prescribed by the Secretary, in consultation with
the Attorney General and subject to subsection (c), shall pay
an award or awards to 1 or more whistleblowers who voluntarily
provided original information to the employer of the
individual, the Secretary, or the Attorney General, as
applicable, that led to the successful enforcement of the
covered judicial or administrative action, or related action,
in an aggregate amount equal to--
``(A) not less than 10 percent, in total, of what
has been collected of the monetary sanctions imposed in
the action or related actions; and
``(B) not more than 30 percent, in total, of what
has been collected of the monetary sanctions imposed in
the action or related actions.
``(2) Payment of awards.--
``(A) In general.--Any amount paid under paragraph
(1) shall be paid from the Fund established under
paragraph (3).
``(B) Related actions.--The Secretary may pay
awards less than the amount described in paragraph
(1)(A) for related actions in which a whistleblower may
be paid by another whistleblower award program.
``(3) Source of awards.--
``(A) In general.--There shall be established in
the Treasury of the United States a revolving fund to
be known as the Financial Integrity Fund (referred to
in this subsection as the `Fund').
``(B) Use of fund.--The Fund shall be available to
the Secretary, without further appropriation or fiscal
year limitations, only for the payment of awards to
whistleblowers as provided in subsection (b).
``(C) Restrictions on use of fund.--The Fund shall
not be available to pay any personnel or administrative
expenses.
``(4) Deposits and credits.--
``(A) In general.--There shall be deposited into or
credited to the Fund an amount equal to--
``(i) any monetary sanction collected by
the Secretary or Attorney General in any
judicial or administrative action under this
title, chapter 35 or section 4305 or 4312 of
title 50, or the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.),
unless the balance of the Fund at the time the
monetary sanction is collected exceeds
$300,000,000; and
``(ii) all income from investments made
under paragraph (5).
``(B) Additional amounts.--If the amounts deposited
into or credited to the Fund under subparagraph (A) are
not sufficient to satisfy an award made under this
subsection, there shall be deposited into or credited
to the Fund an amount equal to the unsatisfied portion
of the award from any monetary sanction collected by
the Secretary of the Treasury or Attorney General in
the covered judicial or administrative action on which
the award is based.
``(C) Exception.--No amounts to be deposited or
transferred into the United States Victims of State
Sponsored Terrorism Fund pursuant to the Justice for
United States Victims of State Sponsored Terrorism Act
(34 U.S.C. 20144) or the Crime Victims Fund pursuant
section 1402 of the Victims of Crime Act of 1984 (34
U.S.C. 20101) shall be deposited into or credited to
the Fund.
``(5) Investments.--
``(A) Amounts in fund may be invested.--The
Secretary of the Treasury may invest the portion of the
Fund that is not required to meet the current needs of
the Fund.
``(B) Eligible investments.--Investments shall be
made by the Secretary of the Treasury in obligations of
the United States or obligations that are guaranteed as
to principal and interest by the United States, with
maturities suitable to the needs of the Fund as
determined by the Secretary.
``(C) Interest and proceeds credited.--The interest
on, and the proceeds from the sale or redemption of,
any obligations held in the Fund shall be credited to,
and form a part of, the Fund.''.
(b) Technical and Conforming Amendments.--Section 5323 of title 31,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (5), by striking ``this
subchapter or subchapter III'' each place the term
appears and inserting ``this subchapter, chapter 35 or
section 4305 or 4312 of title 50, the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.), or
.), and for conspiracies to violate the aforementioned
provisions''; and
(B) in paragraph (4)--
(i) by inserting ``covered'' after
``respect to any'';
(ii) by striking ``under this subchapter or
subchapter III''; and
(iii) by striking ``action by the Secretary
or the Attorney General'' and inserting
``covered action'';
(2) in subsection (c)(1)(B)(iii)--
(A) by striking ``subchapter and subchapter III''
and inserting ``this subchapter, chapter 35 or section
4305 or 4312 of title 50, and the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.)''; and
(B) by striking ``either such subchapter'' and
inserting ``the covered judicial or administrative
action''; and
(3) in subsection (g)(4)(D)(i), by inserting ``chapter 35
or section 4305 or 4312 of title 50, or the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.),'' after
``subchapter,''.
TITLE V--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE
SIMPLIFICATION
SEC. 501. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
(a) In General.--Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(iii) Engages on behalf of any party in a
transaction involving a shell company, other
than a business combination related shell
company.
``(iv) Directly, or indirectly through any
of its affiliates, provides financing related
to the transfer of ownership of an eligible
privately held company.
``(v) Assists any party to obtain financing
from an unaffiliated third party without--
``(I) complying with all other
applicable laws in connection with such
assistance, including, if applicable,
Regulation T (12 C.F.R. 220 et seq.);
and
``(II) disclosing any compensation
in writing to the party.
``(vi) Represents both the buyer and the
seller in the same transaction without
providing clear written disclosure as to the
parties the broker represents and obtaining
written consent from both parties to the joint
representation.
``(vii) Facilitates a transaction with a
group of buyers formed with the assistance of
the M&A broker to acquire the eligible
privately held company.
``(viii) Engages in a transaction involving
the transfer of ownership of an eligible
privately held company to a passive buyer or
group of passive buyers.
``(ix) Binds a party to a transfer of
ownership of an eligible privately held
company.
``(C) Disqualification.--An M&A broker is not
exempt from registration under this paragraph if such
broker (and if and as applicable, including any
officer, director, member, manager, partner, or
employee of such broker)--
``(i) has been barred from association with
a broker or dealer by the Commission, any
State, or any self-regulatory organization; or
``(ii) is suspended from association with a
broker or dealer.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell
company.--The term `business combination
related shell company' means a shell company
that is formed by an entity that is not a shell
company--
``(I) solely for the purpose of
changing the corporate domicile of that
entity solely within the United States;
or
``(II) solely for the purpose of
completing a business combination
transaction (as defined under section
230.165(f) of title 17, Code of Federal
Regulations) among one or more entities
other than the company itself, none of
which is a shell company.
``(ii) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control if, upon completion of a
transaction, the buyer or group of buyers--
``(I) has the right to vote 25
percent or more of a class of voting
securities or the power to sell or
direct the sale of 25 percent or more
of a class of voting securities; or
``(II) in the case of a partnership
or limited liability company, has the
right to receive upon dissolution, or
has contributed, 25 percent or more of
the capital.
``(iii) Eligible privately held company.--
The term `eligible privately held company'
means a privately held company that meets both
of the following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
For purposes of this subclause, the
Commission may by rule modify the
dollar figures if the Commission
determines that such a modification is
necessary or appropriate in the public
interest or for the protection of
investors.
``(iv) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert--
``(aa) will control the
eligible privately held company
or the business conducted with
the assets of the eligible
privately held company; and
``(bb) directly or
indirectly, will be active in
the management of the eligible
privately held company or the
business conducted with the
assets of the eligible
privately held company,
including without limitation,
for example, by--
``(AA) electing
executive officers;
``(BB) approving
the annual budget;
``(CC) serving as
an executive or other
executive manager; or
``(DD) carrying out
such other activities
as the Commission may,
by rule, determine to
be in the public
interest; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
fiscal year-end financial statements of
the issuer of the securities as
customarily prepared by the management
of the issuer in the normal course of
operations and, if the financial
statements of the issuer are audited,
reviewed, or compiled, any related
statement by the independent
accountant, a balance sheet dated not
more than 120 days before the date of
the offer, and information pertaining
to the management, business, results of
operations for the period covered by
the foregoing financial statements, and
material loss contingencies of the
issuer.
``(v) Shell company.--The term `shell
company' means a company that at the time of a
transaction with an eligible privately held
company--
``(I) has no or nominal operations;
and
``(II) has--
``(aa) no or nominal
assets;
``(bb) assets consisting
solely of cash and cash
equivalents; or
``(cc) assets consisting of
any amount of cash and cash
equivalents and nominal other
assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of this
paragraph, and every 5 years thereafter, each
dollar amount in subparagraph (E)(iii)(II)
shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2020; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
(b) Effective Date.--This section and any amendment made by this
section shall take effect on the date that is 90 days after the date of
enactment of this Act.
TITLE VI--PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY
SEC. 601. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
(a) Public Housing, Tenant-Based Assistance, and Project-Based
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
``(9) Qualifying smoke alarms.--
``(A) In general.--Each public housing agency shall
ensure that a qualifying smoke alarm is installed in
accordance with applicable codes and standards
published by the International Code Council or the
National Fire Protection Association and the
requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in any
dwelling unit in public housing owned or operated by
the public housing agency, including in basements but
excepting crawl spaces and unfinished attics, and in
each common area in a project containing such a
dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non
rechargeable, nonreplaceable
primary batteries and is
sealed, is tamper resistant,
and contains silencing means;
and
``(bb) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''; and
(2) in section 8 (42 U.S.C. 1437f)--
(A) by inserting after subsection (k) the
following:
``(l) Qualifying Smoke Alarms.--
``(1) In general.--Each owner of a dwelling unit receiving
project-based assistance under this section shall ensure that
qualifying smoke alarms are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this subsection
and not substantially rehabilitated after the
date of enactment of this subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(AA) is sealed;
``(BB) is tamper resistant;
and
``(CC) contains silencing
means; and
``(II) provides notification for
persons with hearing loss as required
by the National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this paragraph, is
hardwired.''; and
(B) in subsection (o), by adding at the end the
following:
``(22) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit receiving
tenant-based assistance or project-based assistance
under this subsection shall have a qualifying smoke
alarm installed in accordance with applicable codes and
standards published by the International Code Council
or the National Fire Protection Association and the
requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non
rechargeable, nonreplaceable
primary batteries and is
sealed, is tamper resistant,
and contains silencing means;
and
``(bb) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(b) Supportive Housing for the Elderly.--Section 202(j) of the
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the
end the following:
``(10) Qualifying smoke alarms.--
``(A) In general.--Each owner of a dwelling unit
assisted under this section shall ensure that
qualifying smoke alarms are installed in accordance
with the requirements of applicable codes and standards
and the National Fire Protection Association Standard
72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit,
including in basements but excepting crawl spaces and
unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non
rechargeable, nonreplaceable
primary batteries and is
sealed, is tamper resistant,
and contains silencing means;
and
``(bb) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(c) Supportive Housing for Persons With Disabilities.--Section
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(j)) is amended by adding at the end the following:
``(8) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit assisted
under this section shall contain qualifying smoke
alarms that are installed in accordance with applicable
codes and standards published by the International Code
Council or the National Fire Protection Association and
the requirements of the National Fire Protection
Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke
alarm' has the meaning given the term `smoke
detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The
term `qualifying smoke alarm' means a smoke
alarm that--
``(I) in the case of a dwelling
unit built before the date of enactment
of this paragraph and not substantially
rehabilitated after the date of
enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non
rechargeable, nonreplaceable
primary batteries and is
sealed, is tamper resistant,
and contains silencing means;
and
``(bb) provides
notification for persons with
hearing loss as required by the
National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling
unit built or substantially
rehabilitated after the date of
enactment of this paragraph, is
hardwired.''.
(d) Housing Opportunities for Persons With AIDS.--Section 856 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905)
is amended by adding at the end the following new subsection:
``(j) Qualifying Smoke Alarms.--
``(1) In general.--Each dwelling unit assisted under this
subtitle shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published by the International Code Council or the National
Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but
excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this subsection
and not substantially rehabilitated after the
date of enactment of this subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(AA) is sealed;
``(BB) is tamper resistant;
and
``(CC) contains silencing
means; and
``(II) provides notification for
persons with hearing loss as required
by the National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this subsection, is
hardwired.''.
(e) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) is amended--
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
``(k) Qualifying Smoke Alarms.--
``(1) In general.--Housing and related facilities
constructed with loans under this section shall contain
qualifying smoke alarms that are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built
before the date of enactment of this subsection
and not substantially rehabilitated after the
date of enactment of this subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non
rechargeable, nonreplaceable primary
batteries and--
``(AA) is sealed;
``(BB) is tamper resistant;
and
``(CC) contains silencing
means; and
``(II) provides notification for
persons with hearing loss as required
by the National Fire Protection
Association Standard 72, or any
successor standard; or
``(ii) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this subsection, is
hardwired.''; and
(2) in section 515(m) (42 U.S.C. 1485(m)), by adding at the
end the following:
``(3) Qualifying Smoke Alarms.--
``(A) In general.--Housing and related facilities
rehabilitated or repaired with amounts received under a loan
made or insured under this section shall contain qualifying
smoke alarms that are installed in accordance with applicable
codes and standards published by the International Code Council
or the National Fire Protection Association and the
requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in such dwelling unit, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm'
has the meaning given the term `smoke detector' in
section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built
before the date of enactment of this paragraph
and not substantially rehabilitated after the
date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non
rechargeable, nonreplaceable primary
batteries and is sealed, is tamper
resistant, and contains silencing
means; and
``(bb) provides notification for
persons with hearing loss as required
by the National Fire Protection
Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built
or substantially rehabilitated after the date
of enactment of this paragraph, is
hardwired.''.
(f) Farm Labor Housing Direct Loans & Grants.--Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that such housing shall contain qualifying smoke
alarms that are installed in accordance with applicable codes
and standards published by the International Code Council or
the National Fire Protection Association and the requirements
of the National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but
excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.'';
and
(2) in subsection (g)--
(A) in paragraph (3) by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(5) the term `smoke alarm' has the meaning given the term
`smoke detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2225(d)); and
``(6) the term `qualifying smoke alarm' means a smoke alarm
that--
``(A) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph--
``(i)(I) is hardwired; or
``(II) uses 10-year non rechargeable,
nonreplaceable primary batteries and--
``(aa) is sealed;
``(bb) is tamper resistant; and
``(cc) contains silencing means;
and
``(ii) provides notification for persons
with hearing loss as required by the National
Fire Protection Association Standard 72, or any
successor standard; or
``(B) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the amendments made by this section such sums
as are necessary for each of fiscal years 2023 through 2027.
(h) Effective Date.--The amendments made by subsections (a) through
(f) shall take effect on the date that is 2 years after the date of
enactment of this Act.
(i) No Preemption.--Nothing in the amendments made by this section
shall be construed to preempt or limit the applicability of any State
or local law relating to the installation and maintenance of smoke
alarms in housing that requires standards that are more stringent than
the standards described in the amendments made by this section.
TITLE VII--BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
SEC. 701. SHORT TITLE.
This title may be cited as the ``Benjamin Berell Ferencz
Congressional Gold Medal Act''.
SEC. 702. FINDINGS.
Congress finds the following:
(1) Benjamin ``Ben'' Berell Ferencz was born on March 11,
1920, in Transylvania, now modern-day Hungary.
(2) In 1920, Ben and his family fled anti-Semitic
persecution and emigrated to the United States. Ben grew up in
New York City, and, in 1940, was awarded a scholarship to
Harvard Law School where he graduated with honors.
(3) After the onset of World War II, Ben enlisted in the
United States Army in 1943, and joined an anti-aircraft
artillery battalion preparing for the invasion of France. As an
enlisted man under General Patton, he fought in most of the
major campaigns in Europe.
(4) As Nazi atrocities were uncovered, Ben was transferred
to a newly created War Crimes Branch of the Army to gather
evidence of war crimes that could be used in a court of law to
prosecute persons responsible for these crimes. Ben documented
the horrors perpetrated by Nazi Germany, visiting concentration
camps as they were liberated.
(5) At the end of 1945, Ben was honorably discharged from
the United States Army with the rank of Sergeant of Infantry.
He had been awarded five battle stars.
(6) In 1946, the United States Government recruited Ben to
join the team working on the Nuremberg tribunals, a novel
independent court established to try top-ranking Nazi officials
for crimes perpetrated during the course of the war, including
those crimes we now call the Holocaust. Mr. Ferencz was sent to
Berlin to oversee a team of 50 researchers investigating
official Nazi records, which provided overwhelming evidence to
implicate German doctors, lawyers, judges, generals,
industrialists, and others in genocide.
(7) By 1948, at age 27, Ben had secured enough evidence to
prosecute 22 SS members of Nazi killing squads charged for the
murder of over 1,000,0000 Jewish, Roma, Soviet, and other men,
women, and children in shooting massacres in occupied Soviet
territory. He was appointed chief prosecutor in the
Einsatzgruppen Trial, in what the Associated Press called ``the
biggest murder trial in history''. The court found 20 Nazi
officials guilty of war crimes, crimes against humanity, and
membership in a criminal organization for their roles in the
murder of over a million people. An additional two defendants
were found guilty for membership in a criminal organization.
(8) After the Nuremberg trials ended, Ben fought for
compensation for victims and survivors of the Holocaust, the
return of stolen assets, and other forms of restitution for
those who had suffered at the hands of the Nazis.
(9) Since the 1970s, Ben has worked tirelessly to promote
development of international mechanisms to outlaw and punish
aggressive war and the crimes of genocide, crimes against
humanity and war crimes. His efforts contributed to the
establishment of the International Criminal Court and to the
recognition of aggression as an international crime.
(10) Ben is a tireless advocate for international criminal
justice and the conviction that the rule of law offers the
world a sustainable path to stem conflict and reach peaceful
conclusions to geopolitical disputes. His unwavering goal has
been ``to establish a legal precedent that would encourage a
more humane and secure world in the future''.
(11) Ben, at age 102, is still active, giving speeches
throughout the world about lessons learned during his
extraordinary career. He is compelled by the imperative to
``replace the rule of force with the rule of law'', promoting
judicial mechanisms that can resolve conflict. He often tells
young people to ``never give up'' because the fight for peace
and justice is worth the long struggle ahead.
SEC. 703. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Benjamin Berell
Ferencz, in recognition of his service to the United States and
international community during the post-World War II Nuremberg trials
and lifelong advocacy for international criminal justice and rule of
law.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this title as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary. The design shall bear an image of, and inscription of the
name of, Benjamin Berell Ferencz.
(c) Disposition of Medal.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to Benjamin Berell
Ferencz or, if unavailable, to his son, Donald Ferencz.
SEC. 704. DUPLICATE MEDALS.
(a) In General.--The Secretary may strike and sell duplicates in
bronze of the gold medal struck pursuant to section 703, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses.
(b) United States Holocaust Memorial Museum.--
(1) In general.--The Secretary shall provide a duplicate
bronze medal described under subsection (a) to the United
States Holocaust Memorial Museum.
(2) Sense of congress.--It is the sense of Congress that
the United States Holocaust Memorial Museum should make the
duplicate medal received under this subsection available for
display to the public whenever the United States Holocaust
Memorial Museum determines that such display is timely,
feasible, and practical.
SEC. 705. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this title are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this title shall be
considered to be numismatic items.
SEC. 706. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this title.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 704 shall be deposited into the
United States Mint Public Enterprise Fund.
TITLE VIII--CONGRESSIONAL OVERSIGHT COMMISSION
SEC. 801. TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.
Section 4020(f) of the CARES Act (15 U.S.C. 9055(f)) is amended by
striking ``September 30, 2025'' and inserting ``June 30, 2023''.
TITLE IX--FLOOD INSURANCE
SEC. 901. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30,
2022'' and inserting ``September 30, 2023''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
(c) Retroactive Effective Date.--The amendments made by subsections
(a) and (b) shall take effect as if enacted on September 30, 2022.
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
TITLE I--MANUFACTURING.GOV
SEC. 101. MANUFACTURING.GOV HUB.
(a) Definition.--In this section, the term ``Secretary'' means the
Secretary of Commerce.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the Chief
Information Officer of the Department of Commerce, shall modify the
manufacturing.gov website by establishing a section of the website to
be known as the ``manufacturing.gov hub''.
(c) Functions.--The manufacturing.gov hub established under
subsection (b) shall--
(1) serve as the primary hub for information relating to
every Federal manufacturing program, including the programs
identified in the report of the Government Accountability
Office entitled ``U.S. Manufacturing'' (GAO 17-240), published
on March 28, 2017;
(2) provide the contact information of relevant program
offices carrying out the Federal manufacturing programs
described in paragraph (1);
(3) provide an avenue for public input and feedback
relating to--
(A) the functionality of the website of the
Department of Commerce;
(B) the Federal manufacturing programs described in
paragraph (1); and
(C) any other manufacturing-related challenges
experienced by manufacturers in the United States;
(4) establish web pages within the hub that shall focus
on--
(A) technology and research and development;
(B) trade;
(C) workforce development and training;
(D) industrial commons and supply chains; and
(E) small and medium manufacturers; and
(5) use machine learning to--
(A) identify frequently asked questions; and
(B) disseminate to the public answers to the
questions identified under subparagraph (A).
(d) No Additional Funds.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
TITLE II--STURDY
SEC. 201. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER
OF CLOTHING STORAGE UNITS.
(a) Clothing Storage Unit Defined.--In this section, the term
``clothing storage unit'' means any free-standing furniture item
manufactured in the United States or imported for use in the United
States that is intended for the storage of clothing, typical of bedroom
furniture.
(b) CPSC Determination of Scope.--The Consumer Product Safety
Commission shall specify the types of furniture items within the scope
of subsection (a) as part of a standard promulgated under this section
based on tip-over data as reasonably necessary to protect children up
to 72 months of age from injury or death.
(c) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (f )(1),
not later than 1 year after the date of the enactment of this
Act, the Consumer Product Safety Commission shall--
(A) in consultation with representatives of
consumer groups, clothing storage unit manufacturers,
craft or handmade furniture manufacturers, and
independent child product engineers and experts,
examine and assess the effectiveness of any voluntary
consumer product safety standards for clothing storage
units; and
(B) in accordance with section 553 of title 5,
United States Code, and paragraph (2), promulgate a
final consumer product safety standard for clothing
storage units to protect children from tip-over-related
death or injury, that shall take effect 180 days after
the date of promulgation or such a later date as the
Commission determines appropriate.
(2) Requirements.--The standard promulgated under paragraph
(1) shall protect children from tip-over-related death or
injury with--
(A) tests that simulate the weight of children up
to 60 pounds;
(B) objective, repeatable, reproducible, and
measurable tests or series of tests that simulate real-
world use and account for impacts on clothing storage
unit stability that may result from placement on
carpeted surfaces, drawers with items in them, multiple
open drawers, and dynamic force;
(C) testing of all clothing storage units,
including those 27 inches and above in height; and
(D) warning requirements based on ASTM F2057-19, or
its successor at the time of enactment, provided that
the Consumer Product Safety Commission may strengthen
the warning requirements of ASTM F2057-19, or its
successor, if reasonably necessary to protect children
from tip-over-related death or injury.
(3) Testing clarification.--Tests referred to in paragraph
(2)(B) shall allow for the utilization of safety features
(excluding tip restraints) to work as intended if the features
cannot be overridden by consumers in normal use.
(4) Treatment of standard.--A consumer product safety
standard promulgated under paragraph (1) shall be treated as a
consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
(d) Adoption of Voluntary Standard.--
(1) In general.--If a voluntary standard exists that meets
the requirements of paragraph (2), the Commission shall, not
later than 90 days after the date on which such determination
is made and in accordance with section 553 of title 5, United
States Code, promulgate a final consumer product safety
standard that adopts the applicable performance requirements of
such voluntary standard related to protecting children from
tip-over-related death or injury. A consumer product safety
standard promulgated under this subsection shall be treated as
a consumer product safety rule promulgated under section 9 of
the Consumer Product Safety Act (15 U.S.C. 2058). Such standard
shall take effect 120 days after the date of the promulgation
of the rule, or such a later date as the Commission determines
appropriate. Such standard will supersede any other existing
standard for clothing storage units to protect children from
tip-over-related death or injury.
(2) Requirements.--The requirements of this paragraph with
respect to a voluntary standard for clothing storage units are
that such standard--
(A) protects children up to 72 months of age from
tip-over-related death or injury;
(B) meets the requirements described in subsection
(c)(2);
(C) is, or will be, published not later than 60
days after the date of enactment of this Act; and
(D) is developed by ASTM International or such
other standard development organization that the
Commission determines is in compliance with the intent
of this section.
(3) Notice required to be published in the federal
register.--The Commission shall publish a notice in the Federal
Register upon beginning the promulgation of a rule under this
subsection.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the performance requirements
of a voluntary standard adopted under subsection (d) are
subsequently revised, the organization that revised the
performance requirements of such standard shall notify the
Commission of such revision after final approval.
(2) Treatment of revision.--Not later than 90 days after
the date on which the Commission is notified of revised
performance requirements of a voluntary standard described in
paragraph (1) (or such later date as the Commission determines
appropriate), the Commission shall determine whether the
revised performance requirements meet the requirements of
subsection (d)(2)(B), and if so, modify, in accordance with
section 553 of title 5, United States Code, the standard
promulgated under subsection (d) to include the revised
performance requirements that the Commission determines meet
such requirements. The modified standard shall take effect
after 180 days or such later date as the Commission deems
appropriate.
(f) Subsequent Rulemaking.--
(1) In general.--Beginning 5 years after the date of
enactment of this Act, subsequent to the publication of a
consumer product safety standard under this section, the
Commission may, at any time, initiate rulemaking, in accordance
with section 553 of title 5, United States Code, to modify the
requirements of such standard or to include additional
provisions if the Commission makes a determination that such
modifications or additions are reasonably necessary to protect
children from tip-over-related death or injury.
(2) Petition for revision of rule.--
(A) In general.--If the Commission receives a
petition for a new or revised test that permits
incorporated safety features (excluding tip restraints)
to work as intended, if the features cannot be
overridden by consumers in normal use and provide an
equivalent or greater level of safety as the tests
developed under subsection (c)(2) or the performance
requirements described in subsection (d)(2)(B), as
applicable, the Commission shall determine within 120
days--
(i) whether the petition meets the
requirements for petitions set forth in section
1051.5 of title 16, Code of Federal
Regulations, or any successor regulation
implementing section 9(i) of the Consumer
Product Safety Act (15 U.S.C. 2058(i)); and
(ii) whether the petition demonstrates that
the test could reasonably meet the requirements
of subsection (c)(2)(B), and if so, the
Commission shall determine by recorded vote,
within 60 days after the determination, whether
to initiate rulemaking, in accordance with
section 553 of title 5, United States Code, to
revise a consumer product safety standard
promulgated under this section to include the
new or revised test.
(B) Demonstration of compliance.--Compliance with
the testing requirements of a standard revised under
subparagraph (A) may be demonstrated either through the
performance of a new or revised test under subparagraph
(A) or the performance of the tests otherwise required
under a standard promulgated under this section.
(3) Treatment of rules.--Any rule promulgated under this
subsection, including any modification or revision made under
this subsection, shall be treated as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058).
TITLE III--INFORM CONSUMERS
SEC. 301. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY
ONLINE MARKETPLACES TO INFORM CONSUMERS.
(a) Collection and Verification of Information.--
(1) Collection.--
(A) In general.--An online marketplace shall
require any high-volume third party seller on such
online marketplace's platform to provide, not later
than 10 days after qualifying as a high-volume third
party seller on the platform, the following information
to the online marketplace:
(i) Bank account.--
(I) In general.--A bank account
number, or, if such seller does not
have a bank account, the name of the
payee for payments issued by the online
marketplace to such seller.
(II) Provision of information.--The
bank account or payee information
required under subclause (I) may be
provided by the seller in the following
ways:
(aa) To the online
marketplace.
(bb) To a payment processor
or other third party contracted
by the online marketplace to
maintain such information,
provided that the online
marketplace ensures that it can
obtain such information within
3 business days from such
payment processor or other
third party.
(ii) Contact information.--Contact
information for such seller as follows:
(I) With respect to a high-volume
third party seller that is an
individual, the individual's name.
(II) With respect to a high-volume
third party seller that is not an
individual, one of the following forms
of contact information:
(aa) A copy of a valid
government-issued
identification for an
individual acting on behalf of
such seller that includes the
individual's name.
(bb) A copy of a valid
government-issued record or tax
document that includes the
business name and physical
address of such seller.
(iii) Tax id.--A business tax
identification number, or, if such seller does
not have a business tax identification number,
a taxpayer identification number.
(iv) Working email and phone number.--A
current working email address and phone number
for such seller.
(B) Notification of change; annual certification.--
An online marketplace shall--
(i) periodically, but not less than
annually, notify any high-volume third party
seller on such online marketplace's platform of
the requirement to keep any information
collected under subparagraph (A) current; and
(ii) require any high-volume third party
seller on such online marketplace's platform
to, not later than 10 days after receiving the
notice under clause (i), electronically certify
that--
(I) the seller has provided any
changes to such information to the
online marketplace, if any such changes
have occurred; or
(II) there have been no changes to
such seller's information.
(C) Suspension.--In the event that a high-volume
third party seller does not provide the information or
certification required under this paragraph, the online
marketplace shall, after providing the seller with
written or electronic notice and an opportunity to
provide such information or certification not later
than 10 days after the issuance of such notice, suspend
any future sales activity of such seller until such
seller provides such information or certification.
(2) Verification.--
(A) In general.--An online marketplace shall--
(i) verify the information collected under
paragraph (1)(A) not later than 10 days after
such collection; and
(ii) verify any change to such information
not later than 10 days after being notified of
such change by a high-volume third party seller
under paragraph (1)(B).
(B) Presumption of verification.--In the case of a
high-volume third party seller that provides a copy of
a valid government-issued tax document, any information
contained in such document shall be presumed to be
verified as of the date of issuance of such document.
(3) Data use limitation.--Data collected solely to comply
with the requirements of this section may not be used for any
other purpose unless required by law.
(4) Data security requirement.--An online marketplace shall
implement and maintain reasonable security procedures and
practices, including administrative, physical, and technical
safeguards, appropriate to the nature of the data and the
purposes for which the data will be used, to protect the data
collected to comply with the requirements of this section from
unauthorized use, disclosure, access, destruction, or
modification.
(b) Disclosure Required.--
(1) Requirement.--
(A) In general.--An online marketplace shall--
(i) require any high-volume third party
seller with an aggregate total of $20,000 or
more in annual gross revenues on such online
marketplace, and that uses such online
marketplace's platform, to provide the
information described in subparagraph (B) to
the online marketplace; and
(ii) disclose the information described in
subparagraph (B) to consumers in a clear and
conspicuous manner--
(I) on the product listing page
(including via hyperlink); or
(II) in the order confirmation
message or other document or
communication made to the consumer
after the purchase is finalized and in
the consumer's account transaction
history.
(B) Information described.--The information
described in this subparagraph is the following:
(i) Subject to paragraph (2), the identity
of the high-volume third party seller,
including--
(I) the full name of the seller,
which may include the seller name or
seller's company name, or the name by
which the seller or company operates on
the online marketplace;
(II) the physical address of the
seller; and
(III) contact information for the
seller, to allow for the direct,
unhindered communication with high-
volume third party sellers by users of
the online marketplace, including--
(aa) a current working
phone number;
(bb) a current working
email address; or
(cc) other means of direct
electronic messaging (which may
be provided to such seller by
the online marketplace),
provided that the requirements
of this item shall not prevent
an online marketplace from
monitoring communications
between high-volume third party
sellers and users of the online
marketplace for fraud, abuse,
or spam.
(ii) Whether the high-volume third party
seller used a different seller to supply the
consumer product to the consumer upon purchase,
and, upon the request of an authenticated
purchaser, the information described in clause
(i) relating to any such seller that supplied
the consumer product to the purchaser, if such
seller is different than the high-volume third
party seller listed on the product listing
prior to purchase.
(2) Exception.--
(A) In general.--Subject to subparagraph (B), upon
the request of a high-volume third party seller, an
online marketplace may provide for partial disclosure
of the identity information required under paragraph
(1)(B)(i) in the following situations:
(i) If such seller certifies to the online
marketplace that the seller does not have a
business address and only has a residential
street address, or has a combined business and
residential address, the online marketplace
may--
(I) disclose only the country and,
if applicable, the State in which such
seller resides; and
(II) inform consumers that there is
no business address available for the
seller and that consumer inquiries
should be submitted to the seller by
phone, email, or other means of
electronic messaging provided to such
seller by the online marketplace.
(ii) If such seller certifies to the online
marketplace that the seller is a business that
has a physical address for product returns, the
online marketplace may disclose the seller's
physical address for product returns.
(iii) If such seller certifies to the
online marketplace that the seller does not
have a phone number other than a personal phone
number, the online marketplace shall inform
consumers that there is no phone number
available for the seller and that consumer
inquiries should be submitted to the seller's
email address or other means of electronic
messaging provided to such seller by the online
marketplace.
(B) Limitation on exception.--If an online
marketplace becomes aware that a high-volume third
party seller has made a false representation to the
online marketplace in order to justify the provision of
a partial disclosure under subparagraph (A) or that a
high-volume third party seller who has requested and
received a provision for a partial disclosure under
subparagraph (A) has not provided responsive answers
within a reasonable time frame to consumer inquiries
submitted to the seller by phone, email, or other means
of electronic messaging provided to such seller by the
online marketplace, the online marketplace shall, after
providing the seller with written or electronic notice
and an opportunity to respond not later than 10 days
after the issuance of such notice, suspend any future
sales activity of such seller unless such seller
consents to the disclosure of the identity information
required under paragraph (1)(B)(i).
(3) Reporting mechanism.--An online marketplace shall
disclose to consumers in a clear and conspicuous manner on the
product listing of any high-volume third party seller a
reporting mechanism that allows for electronic and telephonic
reporting of suspicious marketplace activity to the online
marketplace.
(4) Compliance.--If a high-volume third party seller does
not comply with the requirements to provide and disclose
information under this subsection, the online marketplace
shall, after providing the seller with written or electronic
notice and an opportunity to provide or disclose such
information not later than 10 days after the issuance of such
notice, suspend any future sales activity of such seller until
the seller complies with such requirements.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a) or (b) by an online marketplace shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce
subsections (a) and (b) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person that
violates subsection (a) or (b) shall be subject to the
penalties, and entitled to the privileges and
immunities, provided in the Federal Trade Commission
Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, with respect
to the collection, verification, or disclosure of information
under this section, provided that such regulations are limited
to what is necessary to collect, verify, and disclose such
information.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Enforcement by State Attorneys General.--
(1) In general.--If the attorney general of a State has
reason to believe that any online marketplace has violated or
is violating this section or a regulation promulgated under
this section that affects one or more residents of that State,
the attorney general of the State may bring a civil action in
any appropriate district court of the United States, to--
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such
regulation;
(C) obtain civil penalties in the amount provided
for under subsection (c);
(D) obtain other remedies permitted under State
law; and
(E) obtain damages, restitution, or other
compensation on behalf of residents of the State.
(2) Notice.--The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such prior
notice is not feasible, in which case the attorney general
shall serve such notice immediately upon instituting such
action.
(3) Intervention by the commission.--Upon receiving notice
under paragraph (2), the Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this section or a regulation promulgated under
this section, no State attorney general, or official or agency
of a State, may bring a separate action under paragraph (1)
during the pendency of that action against any defendant named
in the complaint of the Commission for any violation of this
section or a regulation promulgated under this section that is
alleged in the complaint. A State attorney general, or official
or agency of a State, may join a civil action for a violation
of this section or regulation promulgated under this section
filed by the Commission.
(5) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this section shall be
construed to prevent the chief law enforcement officer, or
official or agency of a State, from exercising the powers
conferred on such chief law enforcement officer, or official or
agency of a State, by the laws of the State to conduct
investigations, administer oaths or affirmations, or compel the
attendance of witnesses or the production of documentary and
other evidence.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so, except for any private person on behalf of
the State attorney general, may bring a civil action
under paragraph (1), subject to the same requirements
and limitations that apply under this subsection to
civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Severability.--If any provision of this section, or the
application thereof to any person or circumstance, is held invalid, the
remainder of this section and the application of such provision to
other persons not similarly situated or to other circumstances shall
not be affected by the invalidation.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer product.--The term ``consumer product'' has
the meaning given such term in section 101 of the Magnuson-Moss
Warranty--Federal Trade Commission Improvement Act (15 U.S.C.
2301) and section 700.1 of title 16, Code of Federal
Regulations.
(3) High-volume third party seller.--
(A) In general.--The term ``high-volume third party
seller'' means a participant on an online marketplace's
platform who is a third party seller and, in any
continuous 12-month period during the previous 24
months, has entered into 200 or more discrete sales or
transactions of new or unused consumer products and an
aggregate total of $5,000 or more in gross revenues.
(B) Clarification.--For purposes of calculating the
number of discrete sales or transactions or the
aggregate gross revenues under subparagraph (A), an
online marketplace shall only be required to count
sales or transactions made through the online
marketplace and for which payment was processed by the
online marketplace, either directly or through its
payment processor.
(4) Online marketplace.--The term ``online marketplace''
means any person or entity that operates a consumer-directed
electronically based or accessed platform that--
(A) includes features that allow for, facilitate,
or enable third party sellers to engage in the sale,
purchase, payment, storage, shipping, or delivery of a
consumer product in the United States;
(B) is used by one or more third party sellers for
such purposes; and
(C) has a contractual or similar relationship with
consumers governing their use of the platform to
purchase consumer products.
(5) Seller.--The term ``seller'' means a person who sells,
offers to sell, or contracts to sell a consumer product through
an online marketplace's platform.
(6) Third party seller.--
(A) In general.--The term ``third party seller''
means any seller, independent of an online marketplace,
who sells, offers to sell, or contracts to sell a
consumer product in the United States through such
online marketplace's platform.
(B) Exclusions.--The term ``third party seller''
does not include, with respect to an online
marketplace--
(i) a seller who operates the online
marketplace's platform; or
(ii) a business entity that has--
(I) made available to the general
public the entity's name, business
address, and working contact
information;
(II) an ongoing contractual
relationship with the online
marketplace to provide the online
marketplace with the manufacture,
distribution, wholesaling, or
fulfillment of shipments of consumer
products; and
(III) provided to the online
marketplace identifying information, as
described in subsection (a), that has
been verified in accordance with that
subsection.
(7) Verify.--The term ``verify'' means to confirm
information provided to an online marketplace pursuant to this
section, which may include the use of one or more methods that
enable the online marketplace to reliably determine that any
information and documents provided are valid, corresponding to
the seller or an individual acting on the seller's behalf, not
misappropriated, and not falsified.
(g) Relationship to State Laws.--No State or political subdivision
of a State, or territory of the United States, may establish or
continue in effect any law, regulation, rule, requirement, or standard
that conflicts with the requirements of this section.
(h) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act.
TITLE IV--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION
SEC. 401. COVERED ENTITY DEFINED.
(a) In General.--Section 1403 of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8002) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Covered entity.--The term `covered entity' means--
``(A) a State; or
``(B) an Indian Tribe.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).''.
(b) Technical Correction.--Paragraph (10) of section 1403 of the
Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is
amended by striking ``section 3(10) of the Consumer Product Safety Act
(15 U.S.C. 2052(10))'' and inserting ``section 3(a) of the Consumer
Product Safety Act (15 U.S.C. 2052(a))''.
SEC. 402. SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Section 1405 of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8004) is amended to read as follows:
``SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall carry out a grant
program to provide assistance to eligible covered entities.
``(b) Eligibility.--To be eligible for a grant under the program, a
covered entity shall--
``(1) demonstrate to the satisfaction of the Commission
that, as of the date on which the covered entity submits an
application to the Commission for a grant under this section,
the covered entity has enacted and provides for the enforcement
of a statute that--
``(A) except as provided in section
1406(a)(1)(A)(i), applies to all swimming pools
constructed in the State or in the jurisdiction of the
Indian Tribe (as the case may be) on or after such
date; and
``(B) meets the minimum State law requirements of
section 1406; and
``(2) submit an application to the Commission at such time,
in such form, and containing such additional information as the
Commission may require.
``(c) Amount of Grant.--The Commission shall determine the amount
of a grant awarded under this section, and shall consider--
``(1) the population of the covered entity;
``(2) the relative enforcement and implementation needs of
the covered entity; and
``(3) allocation of grant funds in a manner designed to
provide the maximum benefit from the program in terms of
protecting children from drowning or entrapment.
``(d) Use of Grant Funds.--A State or an Indian Tribe receiving a
grant under this section shall use--
``(1) at least 25 percent of amounts made available--
``(A) to hire and train personnel for
implementation and enforcement of standards under the
swimming pool and spa safety law of the State or Indian
Tribe; and
``(B) to defray administrative costs associated
with the hiring and training programs under
subparagraph (A); and
``(2) the remainder--
``(A) to educate pool owners, pool operators, and
other members of the public about the standards under
the swimming pool and spa safety law of the State or
Indian Tribe and about the prevention of drowning or
entrapment of children using swimming pools and spas;
and
``(B) to defray administrative costs associated
with the education programs under subparagraph (A).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry
out this section.''.
(b) Conforming Amendments.--Section 1406 of the Virginia Graeme
Baker Pool and Spa Safety Act (15 U.S.C. 8005) is amended--
(1) in subsection (a)(2), by striking ``the eligibility of
a State'' each place it appears and inserting ``the eligibility
of a covered entity''; and
(2) by adding at the end the following:
``(e) State Defined.--In this section, the term `State' includes an
Indian Tribe.''.
SEC. 403. REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS PROGRAM.
Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act
(15 U.S.C. 8006) is amended to read as follows:
``SEC. 1407. EDUCATION AND AWARENESS PROGRAM.
``(a) In General.--The Commission shall establish and carry out an
education and awareness program to inform the public of methods to
prevent drowning and entrapment in swimming pools and spas. In carrying
out the program, the Commission shall develop--
``(1) educational materials designed for swimming pool and
spa manufacturers, service companies, and supply retail
outlets, including guidance on barrier and drain cover
inspection, maintenance, and replacement;
``(2) educational materials designed for swimming pool and
spa owners and operators, consumers, States, and Indian Tribes;
and
``(3) a national media campaign to promote awareness of
swimming pool and spa safety.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry
out the education and awareness program authorized by subsection
(a).''.
TITLE V--RANSOMWARE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reporting Attacks from Nations
Selected for Oversight and Monitoring Web Attacks and Ransomware from
Enemies Act'' or the ``RANSOMWARE Act''.
SEC. 502. INCLUSION OF REPORT.
Section 2 of Public Law 116-173 is amended--
(1) in paragraph (3), by striking ``; and'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the first report required by the RANSOMWARE Act.''.
SEC. 503. REPORT ON RANSOMWARE AND OTHER CYBER-RELATED ATTACKS BY
CERTAIN FOREIGN INDIVIDUALS, COMPANIES, AND GOVERNMENTS.
(a) In General.--With the transmission of the report required by
section 2 of Public Law 116-173, and separately in 2025 and 2027, the
Federal Trade Commission shall transmit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report, which may include a
classified annex for information that is nonpublic or related to
Commission investigations or interagency deliberations, and that shall
include the following:
(1) The number and details of cross-border complaints
received by the Commission (including which such complaints
were acted upon and which such complaints were not acted upon)
that relate to incidents that were reported to the Commission
as committed by individuals, companies, or governments,
including those described in subsection (b), broken down by
each type of individual, type of company, or government
described in a paragraph of such subsection.
(2) The number and details of cross-border complaints
received by the Commission (including which such complaints
were acted upon and which such complaints were not acted upon)
that involve ransomware or other cyber-related attacks that
were reported to the Commission as committed by individuals,
companies, or governments, including those described in
subsection (b), broken down by each type of individual, type of
company, or government described in a paragraph of such
subsection.
(3) A description of trends in the number of cross-border
complaints received by the Commission and reported to the
Commission as incidents that were committed by individuals,
companies, or governments, including those described in
subsection (b), broken down by each type of individual, type of
company, or government described in a paragraph of such
subsection.
(4) Identification and details of foreign agencies
(including foreign law enforcement agencies (as defined in
section 4 of the Federal Trade Commission Act (15 U.S.C. 44)))
located in Russia, China, North Korea, or Iran with which the
Commission has cooperated and the results of such cooperation,
including any foreign agency enforcement action or lack
thereof.
(5) A description of Commission litigation, in relation to
cross-border complaints described in paragraphs (1) and (2),
brought in foreign courts and the results of such litigation.
(6) Any recommendations for legislation that may advance
the mission of the Commission in carrying out the U.S. SAFE WEB
Act of 2006 and the amendments made by such Act.
(7) Any recommendations for legislation that may advance
the security of the United States and United States companies
against ransomware and other cyber-related attacks.
(8) Any recommendations for United States citizens and
United States businesses to implement best practices on
mitigating ransomware and other cyber-related attacks.
(b) Individuals, Companies, and Governments Described.--The
individuals, companies, and governments described in this subsection
are the following:
(1) An individual located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(2) A company located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(3) The Government of the Russian Federation.
(4) An individual located within China or with direct or
indirect ties to the Government of the People's Republic of
China.
(5) A company located within China or with direct or
indirect ties to the Government of the People's Republic of
China.
(6) The Government of the People's Republic of China.
(7) An individual located within North Korea or with direct
or indirect ties to the Government of the Democratic People's
Republic of Korea.
(8) A company located within North Korea or with direct or
indirect ties to the Government of the Democratic People's
Republic of Korea.
(9) The Government of the Democratic People's Republic of
Korea.
(10) An individual located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(11) A company located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(12) The Government of the Islamic Republic of Iran.
TITLE VI--TRAVEL AND TOURISM
SEC. 600. DEFINED TERM.
In this title, the term ``COVID-19 public health emergency''--
(1) means the public health emergency first declared on
January 31, 2020, by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act (42 U.S.C.
247d) with respect to COVID-19; and
(2) includes any renewal of such declaration pursuant to
such section 319.
Subtitle A--Travel Promotion
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Visit America Act''.
SEC. 602. PURPOSES.
The purposes of this subtitle are--
(1) to support the travel and tourism industry, which
produces economic impacts that are vital to our national
economy; and
(2) to establish national goals for international visitors
to the United States, including--
(A) recommendations for achieving such goals and
timelines for implementing such recommendations;
(B) coordination between Federal and State
agencies;
(C) the resources needed by each Government agency
to achieve such goals; and
(D) the number of international visitors and the
value of national travel exports.
SEC. 603. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) setting a national goal for the number of international
visitors to the United States is vital for aligning Federal
tourism policy to support American jobs and economic growth;
(2) setting a national goal for travel exports is vital for
aligning Federal tourism policy to support American jobs,
increase travel exports, and improve our Nation's balance of
trade;
(3) the travel industry is an essential part of the United
States services exports with respect to business, education,
medical, and leisure travel;
(4) the promotion of travel and visitation by the
Corporation for Travel Promotion (doing business as ``Brand
USA'') is vital to increasing visitation and articulating the
visitation laws of the United States; and
(5) there is an urgent need for a coordinated travel and
tourism industry response and strategy to respond to the
current state of such industry and future unforeseen
circumstances that may impact the travel and tourism industry.
SEC. 604. ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.
Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93
Stat. 1382; 5 U.S.C. App.) is amended--
(1) by striking ``There shall be in the Department two
additional Assistant Secretaries'' and inserting ``(1) There
shall be in the Department three additional Assistant
Secretaries, including the Assistant Secretary of Commerce for
Travel and Tourism,''; and
(2) by adding at the end the following:
``(2) The Assistant Secretary of Commerce for Travel and
Tourism shall report directly to the Under Secretary of
Commerce for International Trade.''.
SEC. 605. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE FOR
TRAVEL AND TOURISM.
(a) Visitation Goals.--The Assistant Secretary of Commerce for
Travel and Tourism (referred to in this section as the ``Assistant
Secretary'') shall--
(1) after consultation with the travel and tourism
industry, work with the Travel Promotion Committee and the
United States Travel and Tourism Advisory Board to establish an
annual goal, consistent with the goals of the travel and
tourism strategy developed pursuant to section 606(1), for--
(A) the number of international visitors to the
United States; and
(B) the value of travel and tourism commerce;
(2) develop recommendations for achieving the annual goals
established pursuant to paragraph (1);
(3) ensure that travel and tourism policy is developed in
consultation with--
(A) the Tourism Policy Council;
(B) the Secretary of State;
(C) the Secretary of Homeland Security;
(D) the Corporation for Travel Promotion;
(E) the United States Travel and Tourism Advisory
Board; and
(F) travel and tourism industry representatives,
including public and private destination marketing
organizations, travel and tourism suppliers, gig
economy representatives, and labor representatives from
these industries;
(4) establish short, medium, and long-term timelines for
implementing the recommendations developed pursuant to
paragraph (2);
(5) conduct Federal agency needs assessments, in
consultation with the Office of Management and Budget and other
relevant Federal agencies, to identify the resources, statutory
or regulatory changes, and private sector engagement needed to
achieve the annual visitation goals; and
(6) provide assessments and recommendations to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the public through a publicly accessible
website.
(b) Domestic Travel and Tourism.--The Assistant Secretary, to the
extent feasible, shall--
(1) evaluate, on an ongoing basis, domestic policy options
for supporting competitiveness with respect to the strengths,
weaknesses, and growth of the domestic travel industry;
(2) develop recommendations and goals to support and
enhance domestic tourism, separated by business and leisure;
and
(3) engage public and private stakeholders to support
domestic tourism.
(c) Workforce.--The Assistant Secretary shall--
(1) consult with the Secretary of Labor to develop
strategies and best practices for improving the timeliness and
reliability of travel and tourism workforce data;
(2) work with the Secretary of Labor and the Bureau of
Economic Analysis to improve travel and tourism industry data;
(3) provide recommendations for policy enhancements and
efficiencies; and
(4) provide policy recommendations regarding the gig
economy as it relates to travel and tourism.
(d) Facilitation of International Business Travel.--The Assistant
Secretary, in coordination with relevant Federal agencies, shall strive
to increase and facilitate international business travel to the United
States and ensure competitiveness by--
(1) facilitating large meetings, incentives, conferences,
and exhibitions in the United States;
(2) emphasizing rural and other destinations in the United
States that are rich in cultural heritage or ecological
tourism, among other uniquely American destinations, as
locations for hosting international meetings, incentives,
conferences, and exhibitions; and
(3) facilitating sports and recreation events and
activities in the United States.
(e) Recovery Strategies.--
(1) In general.--Not later than 1 year after amounts are
appropriated to the Department of Commerce to accomplish the
purposes of this section, the Assistant Secretary, in
consultation with the entities referred to in subsection
(a)(3), shall develop recovery strategies for the travel and
tourism industry in response to the economic impacts of the
COVID-19 pandemic and in anticipation of other unpredictable
catastrophic events that would significantly affect the travel
and tourism industry, such as hurricanes, floods, tsunamis,
tornadoes, wildfires, terrorist attacks, and pandemics.
(2) Cost-benefit analysis.--In developing the recovery
strategies under paragraph (1), the Assistant Secretary shall
conduct cost-benefit analyses that take into account the health
and economic effects of public health mitigation measures on
the travel and tourism industry.
(f) Reporting Requirements.--
(1) Assistant secretary.--The Assistant Secretary, subject
to the availability of appropriations, shall produce an annual
forecasting report on the travel and tourism industry, which
shall include current and anticipated--
(A) domestic employment needs;
(B) international inbound volume and spending,
taking into account the lasting effects of the COVID-19
public health emergency and the impact of the recovery
strategy implemented pursuant to subsection (e)(1); and
(C) domestic volume and spending, including Federal
and State public land travel and tourism data.
(2) Bureau of economic analysis.--The Director of the
Bureau of Economic Analysis, subject to the availability of
appropriations and to the extent feasible, should make
quarterly updates to the Travel and Tourism Satellite Accounts,
including--
(A) State-level travel and tourism spending data;
(B) travel and tourism workforce data for full-time
and part-time employment; and
(C) Federal and State public lands outdoor
recreational activity and tourism spending data.
(3) National travel and tourism office.--The Director of
the National Travel and Tourism Office--
(A) in partnership with the Bureau of Economic
Analysis and other relevant Federal agencies, shall
provide a monthly report on international arrival and
spending data to--
(i) the Travel and Tourism Advisory Board;
and
(ii) the public through a publicly
accessible website; and
(B) shall include questions in the Survey of
International Air Travelers regarding wait-times,
visits to public lands, and State data, to the extent
applicable.
SEC. 606. TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Secretary of
Commerce, in consultation with the United States Travel and Tourism
Advisory Board, the Tourism Policy Council, the Secretary of State, and
the Secretary of Homeland Security, shall develop and submit to
Congress a 10-year travel and tourism strategy, which shall include--
(1) the establishment of goals with respect to the number
of annual international visitors to the United States and the
annual amount of travel and tourism commerce in the United
States during such 10-year period;
(2) the resources needed to achieve the goals established
pursuant to paragraph (1); and
(3) recommendations for statutory or regulatory changes
that would be necessary to achieve such goals.
SEC. 607. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
Section 3 of the Act entitled ``An Act to encourage travel in the
United States, and for other purposes'' (15 U.S.C. 1546) is amended to
read as follows:
``SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
``(a) In General.--There is established the United States Travel
and Tourism Advisory Board (referred to in this section as the
`Board'), the members of which shall be appointed by the Secretary of
Commerce for 2-year terms from companies and organizations in the
travel and tourism industry.
``(b) Executive Director.--The Assistant Secretary of Commerce for
Travel and Tourism shall serve as the Executive Director of the Board.
``(c) Executive Secretariat.--The National Travel and Tourism
Office of the International Trade Administration shall serve as the
Executive Secretariat for the Board.
``(d) Functions.--The Board's Charter shall specify that the Board
will--
``(1) serve as the advisory body to the Secretary of
Commerce on matters relating to the travel and tourism industry
in the United States;
``(2) advise the Secretary of Commerce on government
policies and programs that affect the United States travel and
tourism industry;
``(3) offer counsel on current and emerging issues;
``(4) provide a forum for discussing and proposing
solutions to problems related to the travel and tourism
industry; and
``(5) provide advice regarding the domestic travel and
tourism industry as an economic engine.
``(e) Recovery Strategies.--The Board shall assist the Assistant
Secretary of Commerce for Travel and Tourism in the development and
implementation of the recovery strategies required under section
605(e)(1) of the Visit America Act.''.
SEC. 608. DATA ON DOMESTIC TRAVEL AND TOURISM.
The Assistant Secretary of Commerce for Travel and Tourism, subject
to the availability of appropriations, shall collect and make public
aggregate data on domestic travel and tourism trends.
SEC. 609. COMPLETION OF PROCEEDING.
If the Secretary of Commerce, before the date of the enactment of
this Act, has taken any action that, in whole or in part, implements
this title or the amendments made by this title, the Secretary is not
required to revisit such action to the extent such action is consistent
with this title and the amendments made by this title.
Subtitle B--Travel Safety
SEC. 611. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON TRAVEL
AND TOURISM INDUSTRY IN UNITED STATES.
(a) Definitions.--In this section:
(1) Pandemic period.--The term ``pandemic period'' has the
meaning given the term ``emergency period'' in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), excluding any portion of such period after the
date that is 1 year after the date of the enactment of this
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Travel and tourism industry.--The term ``travel and
tourism industry'' means the travel and tourism industry in the
United States.
(b) Interim Study and Report.--
(1) In general.--Not later than 3 months after the date of
the enactment of this Act, the Secretary, after consultation
with relevant stakeholders, including the United States Travel
and Tourism Advisory Board, shall--
(A) complete an interim study, which shall be based
on data available at the time the study is conducted
and provide a framework for the study required under
subsection (c), regarding the effects of the COVID-19
pandemic on the travel and tourism industry, including
various segments of the travel and tourism industry,
such as domestic, international, leisure, business,
conventions, meetings, and events; and
(B) submit a report containing the results of such
interim study to--
(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
(ii) the Committee on Energy and Commerce
of the House of Representatives.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of
the Department of Commerce.
(c) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the United
States Travel and Tourism Advisory Board and the head of any other
Federal agency the Secretary considers appropriate, shall complete a
study on the effects of the COVID-19 pandemic on the travel and tourism
industry, including various segments of the travel and tourism
industry, such as domestic, international, leisure, business,
conventions, meetings, and events.
(d) Matters for Consideration.--In conducting the interim study
required under subsection (b) and the study required under subsection
(c), the Secretary shall consider--
(1) changes in employment rates in the travel and tourism
industry during the pandemic period;
(2) changes in revenues of businesses in the travel and
tourism industry during the pandemic period;
(3) changes in employment and sales in industries related
to the travel and tourism industry, and changes in
contributions of the travel and tourism industry to such
related industries, during the pandemic period;
(4) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on the overall economy of the
United States, including--
(A) an analysis of regional economies (on a per
capita basis) during the pandemic period; and
(B) the projected effects of such changes on the
regional and overall economy of the United States
following the pandemic period;
(5) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on minority communities, including
Native Americans, Native Hawaiians, and Alaska Natives;
(6) reports on the economic impact of COVID-19 issued by
other Federal agencies;
(7) the costs and health benefits associated with COVID-19
requirements for air travel for entry into or exit from the
United States and any consequent disincentives for tourism;
(8) any Federal barriers related to the response to the
COVID-19 pandemic that are disincentivizing international
tourism in the United States, including the source and policy
rationale for these barriers; and
(9) any additional matters that the Secretary considers
appropriate.
(e) Consultation and Public Comment.--In conducting the study
required under subsection (c), the Secretary shall--
(1) consult with representatives of--
(A) the small business sector;
(B) the restaurant or food service sector;
(C) the hotel and alternative accommodations
sector;
(D) the attractions or recreation sector;
(E) the outdoor recreation sector;
(F) the travel distribution services sector;
(G) destination marketing organizations;
(H) State tourism offices;
(I) the passenger air, railroad, bus, and rental
car sectors; and
(J) labor representatives for--
(i) the sectors referred to in subparagraph
(I); and
(ii) security screening personnel
designated by the Administrator of the
Transportation Security Administration; and
(2) provide an opportunity for public comment and advice
relevant to conducting such study.
(f) Report to Congress.--
(1) In general.--Not later than 6 months after the
completion of the study required under subsection (c), the
Secretary, in consultation with the United States Travel and
Tourism Advisory Board and the Tourism Policy Council, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that contains--
(A) the results of such study;
(B) policy recommendations for--
(i) promoting and assisting the travel and
tourism industry generally; and
(ii) promoting and assisting travel and
tourism to Native American, Native Hawaiian,
and Alaska Native communities, by fully
implementing the Native American Tourism and
Improving Visitor Experience Act (Public Law
114-221); and
(C) a description of the actions that should be
taken by the Federal Government to accelerate the
implementation of travel and tourism policies and
programs authorized by law.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of
the Department of Commerce.
DIVISION CC--WATER RELATED MATTERS
SEC. 101. EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY
PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603; 123 Stat. 1310) is
amended--
(1) by striking ``2023'' each place it appears and
inserting ``2024'';
(2) in subsection (b)(1), by striking ``$179,000,000'' and
inserting ``$184,000,000'';
(3) in subsection (b)(2), by striking ``$30,000,000'' and
inserting ``$25,000,000'';
(4) in subsection (h), by striking ``, at least 1 year
prior to such expiration,''; and
(5) in subsection (j), by striking ``2021'' each place it
appears and inserting ``2022''.
SEC. 102. COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.
Section 206 of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-
235), is amended--
(1) in subsection (b)(2), by striking ``additional funds''
and inserting ``funds for new water conservation agreements
or'';
(2) in subsection (c)(2), by striking ``2022'' and
inserting ``2024''; and
(3) in subsection (d), by striking ``2018'' and inserting
``2025''.
SEC. 103. SALTON SEA PROJECTS.
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4661) is
amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Additional Project Authorities.--
``(1) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide grants and
enter into contracts and cooperative agreements to carry out
projects located in the area of the Salton Sea in southern
California to mitigate impacts from dust from dry and drying
lakebeds and to improve fish and wildlife habitat, recreational
opportunities, and water quality, in partnership with--
``(A) State, Tribal, and local governments;
``(B) water districts;
``(C) joint powers authorities, including the
Salton Sea Authority;
``(D) nonprofit organizations; and
``(E) institutions of higher education.
``(2) Included activities.--The projects described in
paragraph (1) may include--
``(A) construction, operation, maintenance,
permitting, and design activities required for the
projects; and
``(B) dust suppression projects.''; and
(3) in subsection (c) (as so redesignated), by striking
``project referred to in subsection (a)'' and inserting
``projects referred to in subsections (a) and (b)''.
SEC. 104. AUTHORIZATION OF SUN RIVER PROJECT, MONTANA.
(a) Authorization.--The Secretary, acting through the Commissioner
of Reclamation and pursuant to the reclamation laws, may construct,
operate, and maintain facilities in the Sun River project, Montana, for
the purpose of hydroelectric power generation.
(b) Effect.--The authorization under subsection (a) shall--
(1) be in addition to any other authorizations for the Sun
River project under existing law; and
(2) not limit, restrict, or alter operations of the Sun
River project in a manner that would be adverse to the
satisfaction of valid existing water rights or water deliveries
to the holder of any valid water service contract.
SEC. 105. ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT
OF SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
Section 40903(b)(1)(B)(i) of the Infrastructure Investment and Jobs
Act (43 U.S.C. 3203(b)(1)(B)(i)) is amended by striking ``2,000'' and
inserting ``200''.
DIVISION DD--PUBLIC LAND MANAGEMENT
SEC. 1. DEFINITION OF SECRETARY.
In this division, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--DEPARTMENT OF THE INTERIOR PROVISIONS
SEC. 101. PILOT PROGRAM FOR NATIVE PLANT SPECIES.
(a) Definitions.--In this section:
(1) Invasive species.--The term ``invasive species'' means,
with respect to a particular ecosystem, a nonnative organism,
the introduction of which causes or is likely to cause economic
or environmental harm or harm to human, animal, or plant
health.
(2) Locally adapted.--The term ``locally adapted'' means,
with respect to plants, plants that--
(A) originate from an area that is geographically
proximate to a planting area; and
(B) are environmentally adapted to and likely to
become established and persist in that planting area.
(3) Native plant species.--The term ``native plant
species'' means, with respect to a particular ecosystem, a
species that, other than as a result of an introduction,
historically occurred or currently occurs in that ecosystem.
(4) Nonnative.--The term ``nonnative'' means, with respect
to a particular ecosystem, an organism, including the seeds,
eggs, spores, or other biological material of the organism
capable of propagating that species, that occurs outside of the
natural range of the organism.
(5) Plant material.--The term ``plant material'' means a
plant or the seeds, eggs, spores, or other biological material
of a plant capable of propagating the species of the plant.
(b) Establishment.--Not later than 180 days after the date on which
funds are made available to carry out this section, the Secretary
shall, in accordance with any existing laws and management policies,
carry out a pilot program to prioritize the use of native plant species
within geographically diverse units of the National Park System and
public land administered by the Bureau of Land Management.
(c) Implementation.--In carrying out the pilot program under
subsection (b), the Secretary shall, to the extent practicable--
(1) give preference to the use of locally adapted native
plant materials where appropriate;
(2) incorporate efforts to prevent, control, or eradicate
the spread of invasive species;
(3) incorporate efforts to use native plants in areas that
have experienced a recent wildfire event; and
(4) identify situations in which the use of non-native
plants may be warranted.
(d) Coordination.--The Secretary shall, in carrying out the pilot
program under subsection (b), coordinate activities with--
(1) the National Seed Strategy of the Bureau of Land
Management;
(2) the Plant Conservation Alliance; and
(3) the Plant Materials Centers of the Natural Resources
Conservation Service.
(e) Termination of Authority.--The authority to carry out the pilot
program under subsection (b) terminates on the date that is 5 years
after the date on which the pilot program is established under that
subsection.
(f) Report.--Not later than 1 year after the date on which the
authority to carry out the pilot program terminates under subsection
(e), the Secretary shall submit to Congress a report describing--
(1) the results of the pilot program carried out under
subsection (b); and
(2) the cost-effectiveness of using native plants in units
of the National Park System and public land administered by the
Bureau of Land Management.
SEC. 102. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.
The Highlands Conservation Act (Public Law 108-421; 118 Stat. 2375)
is amended--
(1) in section 3--
(A) by amending paragraph (1) to read as follows:
``(1) Highlands region.--The term `Highlands region'
means--
``(A) the area depicted on the map entitled `The
Highlands Region', dated June 2004, updated after the
date of enactment of this subparagraph to comprise each
municipality included on the list of municipalities
included in the Highlands region as of that date of
enactment, and maintained in the headquarters of the
Forest Service in Washington, District of Columbia; and
``(B) a municipality approved by the Director of
the United States Fish and Wildlife Service under
section 4(e).'';
(B) in paragraph (3), by amending subparagraph (B)
to read as follows:
``(B) identified by a Highlands State as having
high conservation value using the best available
science and geographic information systems; and'';
(C) in paragraph (4)(A), by striking ``; or'' and
inserting ``, including a political subdivision
thereof; or''; and
(D) by striking paragraphs (5) through (7);
(2) in section 4--
(A) in subsection (a)(1), by striking ``in the
Study'' and all that follows through the end of the
paragraph and inserting ``using the best available
science and geographic information systems; and'';
(B) in subsection (c), by amending paragraph (5) to
read as follows:
``(5) provides that land conservation partnership projects
will be consistent with areas identified as having high
conservation value in accordance with the purposes described in
section 2 in the Highlands region.'';
(C) in subsection (e), by striking ``fiscal years
2005 through 2021'' and inserting ``fiscal years 2023
through 2029'';
(D) by redesignating subsection (e) as subsection
(g); and
(E) by inserting after subsection (d) the
following:
``(e) Request for Inclusion of Additional Municipality.--The
Director of the United States Fish and Wildlife Service may, at the
request of a Highlands State, with the concurrence of the municipality,
approve the inclusion of a municipality within the State as part of the
Highlands region.
``(f) Limitation on Administrative Expenses.--
``(1) Federal administration.--The Secretary of the
Interior may not expend more than $300,000 for the
administration of this Act in each fiscal year.
``(2) State administration.--A State that receives funds
under this section for a land conservation partnership project
may not use more than 5 percent of the funds to administer the
land conservation partnership project.'';
(3) in section 5--
(A) in subsection (a), by striking ``the Study,
Update, and any future study that the Forest Service
may undertake in'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``,
including a Pennsylvania and Connecticut
Update''; and
(ii) in paragraph (2), by striking ``the
findings'' and all that follows through the end
of the paragraph and inserting ``with
stakeholders regarding implementation of the
program; and''; and
(C) in subsection (c), by striking ``2005 through
2014'' and inserting ``2023 through 2029''; and
(4) in section 6, by adding at the end the following:
``(f) Appraisal Methodology.--
``(1) In general.--With respect to an appraisal related to
a land acquisition carried out under this Act, a Highlands
State shall use an appraisal methodology approved by the
Secretary of the Interior.
``(2) Alternative appraisal methodology.--A Highlands State
may petition the Secretary of the Interior to consider an
alternative appraisal methodology when there is a conflict, in
any Highlands State, between--
``(A) an appraisal methodology approved by the
Secretary of the Interior under paragraph (1); and
``(B) applicable State law.''.
SEC. 103. CADASTRE OF FEDERAL REAL PROPERTY.
(a) Definitions.--In this section:
(1) Cadastre.--
(A) In general.--The term ``cadastre'' means an
inventory of real property developed through
collecting, storing, retrieving, or disseminating
graphical or digital data depicting natural or man-made
physical features, phenomena, or boundaries of the
earth, and any information related to the data,
including--
(i) surveys;
(ii) maps;
(iii) charts;
(iv) satellite and airborne remote sensing
data;
(v) images; and
(vi) services of an architectural or
engineering nature performed by 1 or more
professionals, as authorized to perform the
services under State law, if applicable, such
as--
(I) a surveyor;
(II) a photogrammetrist;
(III) a hydrographer;
(IV) a geodesist; or
(V) a cartographer.
(B) Inclusions.--The term ``cadastre'' includes--
(i) a reference frame consisting of a
current geodetic network that is consistent
with, and not duplicative of, the National
Geodic Survey of the National Oceanic and
Atmospheric Administration;
(ii) a series of current and accurate
large-scale maps;
(iii) an existing cadastral boundary
overlay delineating all cadastral parcels;
(iv) a system for indexing and identifying
each cadastral parcel; and
(v) a series of land data files, each
including the parcel identifier, which can be
used to retrieve information and cross-
reference between and among other existing data
files that may contain information about the
use, assets, and infrastructure of each parcel.
(2) Federal real property.--
(A) In general.--The term ``Federal real property''
means any real property owned, leased, or otherwise
managed by the Secretary concerned.
(B) Exclusions.--The term ``Federal real property''
does not include--
(i) real property held in trust by the
Federal Government for the benefit of 1 or more
Indian Tribes or individual Indians; or
(ii) restricted land owned by an Indian
Tribe or individual Indians.
(3) Real property.--The term ``real property'' means real
estate consisting of--
(A) land;
(B) buildings, crops, forests, or other resources
still attached to or within the land;
(C) improvements or fixtures permanently attached
to the land;
(D) any structure on the land; or
(E) any interest, benefit, right, or privilege in
the property described in subparagraphs (A) through
(D).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary; or
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(b) Cadastre of Federal Real Property.--
(1) Interagency data standardization.--Not later than 18
months after the date of enactment of this Act, the Secretaries
concerned shall jointly develop and adopt interagency standards
to ensure compatibility and interoperability among applicable
Federal databases with respect to the collection and
dissemination of data relating to Federal real property.
(2) Development of cadastre.--Not later than 2 years after
the date of enactment of this Act, the Secretaries concerned,
subject to the availability of appropriations, shall develop
(and thereafter maintain) a current and accurate multipurpose
cadastre of Federal real property under the jurisdiction of the
Secretaries concerned to support Federal land management
activities on Federal real property, including--
(A) resource development and conservation;
(B) agricultural use;
(C) active forest management;
(D) environmental protection; and
(E) other use of the real property.
(3) Consolidation and report.--Not later than 180 days
after the date of enactment of this Act, the Secretaries
concerned shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing--
(A) the existing real property inventories or any
components of any cadastre of Federal real property
currently authorized by law or maintained by the
Secretary concerned, including--
(i) the statutory authorization for each
existing real property inventory or component
of a cadastre; and
(ii) the amount expended by the Federal
Government for each existing real property
inventory or component of a cadastre in fiscal
year 2022;
(B) the existing real property inventories or any
components of any cadastre of Federal real property
currently authorized by law or maintained by the
Secretary concerned that will be eliminated or
consolidated into the multipurpose cadastre under
paragraph (2);
(C)(i) the existing real property inventories or
any components of any cadastre of Federal real property
currently authorized by law or maintained by the
Secretary concerned that will not be eliminated or
consolidated into the multipurpose cadastre under
paragraph (2); and
(ii) a justification for not eliminating or
consolidating an existing real property inventory or
component of a cadastre described in clause (i) into
the multipurpose cadastre under paragraph (2);
(D) the use of existing real property inventories
or any components of any cadastre currently maintained
by any unit of State or local government that can be
used to identify Federal real property within that unit
of government;
(E) the cost savings that will be achieved by
eliminating or consolidating duplicative or unneeded
real property inventories or any components of any
cadastre of Federal real property currently authorized
by law or maintained by the Secretary concerned that
will become part of the multipurpose cadastre under
paragraph (2);
(F) a plan for the implementation of this section,
including a cost estimate and an assessment of the
feasibility of using revenue from any transactional
activity authorized by law to offset any costs of
implementing this section; and
(G) recommendations for any legislation necessary
to increase the cost savings and enhance the
effectiveness and efficiency of replacing, eliminating,
or consolidating Federal real property inventories or
any components of any cadastre of Federal real property
currently authorized by law or maintained by the
Secretary concerned.
(4) Coordination.--
(A) In general.--In carrying out this section, the
Secretaries concerned shall--
(i) participate (in accordance with section
216 of the E-Government Act of 2002 (44 U.S.C.
3501 note; Public Law 107-347) and section 757
of the Geospatial Data Act of 2018 (43 U.S.C.
2806)) in the establishment of such standards
and common protocols as are necessary to ensure
the interoperability of geospatial information
pertaining to the cadastre under paragraph (2)
for all users of the information;
(ii) coordinate with, seek assistance and
cooperation of, and provide liaison to the
Federal Geographic Data Committee established
by section 753(a) of the Geospatial Data Act of
2018 (43 U.S.C. 2802(a)) for the implementation
of and compliance with such standards and
requirements of that Act as may be applicable
to--
(I) the cadastre under paragraph
(2); and
(II) any aspect of the development
of the cadastre under paragraph (2);
(iii) integrate, or make the cadastre
interoperable with, the Federal Real Property
Profile or other inventories established
pursuant to Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property
asset management), the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note;
Public Law 114-287), or the Federal Property
Management Reform Act of 2016 (Public Law 114-
318; 130 Stat. 1608); and
(iv) to the maximum extent practicable,
integrate with and leverage current cadastre
activities of units of State and local
government.
(B) Contracts considered surveying and mapping.--
(i) In general.--A contract between the
Secretaries concerned and a member of the
private sector to provide products and services
for the development of the cadastre shall be
considered to be a contract for services of
surveying and mapping (within the meaning of
chapter 11 of title 40, United States Code).
(ii) Selection procedures.--A contract
described in clause (i) shall be entered into
in accordance with the selection procedures in
chapter 11 of title 40, United States Code.
(c) Transparency and Public Access.--The Secretary concerned
shall--
(1) in accordance with any requirements applicable to the
Secretary concerned under section 759 of the Geospatial Data
Act of 2018 (43 U.S.C. 2808), make the cadastre under
subsection (b)(2) publicly available on the internet--
(A) in a graphically geo-enabled and searchable
format; and
(B) in a manner that is consistent with, and meets
any requirements for integration with, the GeoPlatform
established under section 758(a) of that Act (43 U.S.C.
2807(a));
(2) ensure that the inventory referred to in subsection (b)
includes the identification of all land suitable for disposal
and the appraised value of the land, if an appraisal has been
conducted, in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, any buildings or facilities on the
land, or any information related to the land, buildings, or
facilities if that disclosure would impair or jeopardize the
national security or homeland defense of the United States.
(d) Applicable Law.--Any data that is part of the cadastre
developed under subsection (b)(2) shall be--
(1) considered to be geospatial data for purposes of the
Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
(2) subject to the requirements of that Act.
(e) Effect.--Nothing in this section--
(1) creates any substantive or procedural right or benefit;
or
(2) requires or authorizes--
(A) any new surveying or mapping of Federal real
property;
(B) the evaluation of any parcel of land or other
real property for potential management by a non-Federal
entity;
(C) the disposal of any Federal real property; or
(D) any new appraisal or assessment of--
(i) the value of any parcel of Federal land
or other real property; or
(ii) the cultural and archaeological
resources on any parcel of Federal land or
other real property.
SEC. 104. SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED INDIAN TRIBES
UNDER THE RECREATION AND PUBLIC PURPOSES ACT.
(a) Application; Acreage Limitations.--The first section of the Act
of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263;
43 U.S.C. 869), is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by inserting ``federally recognized
Indian Tribe,'' before ``Territory,''; and
(ii) by inserting ``Tribal,'' before
``Territorial,''; and
(B) in the second sentence, by inserting ``,
Tribal,'' before ``or local authority'';
(2) in subsection (b)--
(A) by striking ``(i) For recreational'' and
inserting the following:
``(1) For recreational'';
(B) by striking ``(ii) For public purposes'' and
inserting the following:
``(2) For public purposes'';
(C) in paragraph (1) (as so designated), by adding
at the end the following:
``(D) To any federally recognized Indian Tribe,
6,400 acres.''; and
(D) in paragraph (2) (as so designated), by adding
at the end the following:
``(D) To any federally recognized Indian Tribe, 640
acres.''; and
(3) in subsection (c)--
(A) in the second sentence, by striking ``States
and counties and to State and Federal'' and inserting
``States, federally recognized Indian Tribes, and
counties and to State, Tribal, Territorial, and
Federal''; and
(B) in the last sentence, by striking ``, except
for a use authorized under the Act of June 1, 1938 (52
Stat. 609; 43 U.S.C., sec. 682a), as amended''.
(b) Conveyance.--Section 2 of the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (44 Stat. 741,
chapter 578; 43 U.S.C. 869-1), is amended--
(1) by inserting ``, federally recognized Indian Tribe''
before ``, Territory'' each place it appears;
(2) by inserting ``Tribal,'' before ``Territorial,'' each
place it appears; and
(3) by inserting ``federally recognized Indian Tribe or''
before ``municipal corporation'' each place it appears.
TITLE II--FOREST SERVICE PROVISIONS
SEC. 201. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL
RECREATION AREA.
(a) Definitions.--Section 502 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll) is amended--
(1) by redesignating paragraphs (11) through (15) as
paragraphs (12) through (16), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Qualified resident or relative.--The term `qualified
resident or relative' means--
``(A) a former resident of the area within the
Recreation Area or the spouse of a former resident of
that area; or
``(B) a widow, widower, or lineal descendant of an
individual buried in a cemetery located in the
Recreation Area.''.
(b) Establishment.--Section 511(b) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by striking
paragraph (3) and inserting the following:
``(3) Status of unit.--The Secretary shall administer the
Recreation Area as a separate unit of the National Forest
System.''.
(c) Advisory Board.--Section 522 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``17'' and inserting ``13'';
(B) by striking paragraphs (4) and (5);
(C) in paragraph (3), by adding ``and'' after the
semicolon at the end; and
(D) by redesignating paragraph (6) as paragraph
(4);
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Nonconsecutive terms.--Members of the Advisory Board
may serve multiple terms, but may not serve consecutive
terms.'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``may advise'' and inserting ``shall advise'';
(B) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(3) an annual work plan for recreation and environment
education areas in the Recreation Area, including the heritage
program, with the nonappropriated amounts in the Land Between
the Lakes Management Fund;
``(4) an annual forest management and harvest plan for the
Recreation Area; and
``(5) the Land Between the Lakes Management Fund.''; and
(4) in subsection (g)--
(A) in paragraph (1), by striking ``biannually''
and inserting ``twice each year'';
(B) in paragraph (3), by inserting ``, on a public
website of the Department of Agriculture,'' before
``and by''; and
(C) by adding at the end the following:
``(4) Minutes.--The Secretary shall publish the minutes of
each meeting of the Advisory Board on a public website of the
Department of Agriculture.''.
(d) Fees.--Section 523(a) of the Land Between the Lakes Protection
Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking ``may
charge reasonable fees'' and inserting ``shall charge reasonable fees,
in consultation with the Advisory Board and consistent with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''.
(e) Disposition of Receipts.--Section 524 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-24) is amended by
striking subsection (b) and inserting the following:
``(b) Use.--Amounts in the Land Between the Lakes Management Fund
shall be available to the Secretary until expended, without further
appropriation, for construction, improvement, or maintenance in the
Recreation Area.
``(c) Restriction on Use of Fund.--Except as provided in subsection
(b), amounts in the Land Between the Lakes Management Fund shall not be
used for management of the Recreation Area, including salaries and
expenses.''.
(f) Cooperative Authorities and Gifts.--Section 526 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is
amended by adding at the end the following:
``(c) Memoranda of Understanding.--The Secretary may, for purposes
of carrying out this Act--
``(1) enter into memoranda of understanding with State or
local government entities, including law enforcement, as
appropriate, to clarify jurisdictional matters, such as road
management, policing, and other functions that are typically
performed by the entity on non-Federal land; and
``(2) make available on a public website of the Department
of Agriculture any memoranda of understanding entered into
under paragraph (1).''.
(g) Cemeteries.--Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Land for Plots for Qualified Residents or Relatives.--
``(1) Requests.--The Secretary, on request from a qualified
resident or relative or a cemetery association, shall grant
additional land for the minor expansion of existing cemeteries
within the Recreation Area, to the extent necessary, to allow
for the burial of qualified residents or relatives.
``(2) Expenses.--Any expenses required to move border
fences or markers due to an expansion under paragraph (1) shall
be the responsibility of the person making the request under
that paragraph.''.
(h) Resource Management.--Section 529 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by adding at
the end the following:
``(c) Historical Resources.--
``(1) In general.--The Secretary shall identify and manage
the historical resources of the Recreation Area--
``(A) in accordance with the requirements of
division A of subtitle III of title 54, United States
Code (formerly known as the `National Historic
Preservation Act'); and
``(B) in consultation with qualified residents or
relatives.
``(2) Consideration.--The Secretary shall--
``(A) in accordance with applicable law, give
consideration to requests by qualified residents or
relatives to use and maintain traditional sites,
buildings, cemeteries, and other areas of cultural
importance in the Recreation Area; and
``(B) consult with qualified residents or relatives
in the management of the historical resources of the
Recreation Area.''.
(i) Authorization of Appropriations.--Section 551 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is
amended--
(1) in subsection (a)(2), by striking ``Recreation Area
area'' and inserting ``Recreation Area''; and
(2) by striking subsection (c) and inserting the following:
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture may expend amounts appropriated to
carry out this title in a manner consistent with the
authorities exercised by the Tennessee Valley Authority before
the transfer of the Recreation Area to the administrative
jurisdiction of the Secretary of Agriculture, including
campground management and visitor services, paid advertisement,
and procurement of food and supplies for resale purposes.
``(2) Exception.--The Secretary of Agriculture shall not
use amounts appropriated to carry out this title for an
activity described in section 524(b).''.
SEC. 202. HAWAII NATIONAL FOREST STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) Study area.--The term ``study area'' means the islands
of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the State
of Hawaii.
(b) Study.--
(1) In general.--The Secretary shall conduct a study--
(A) to determine the suitability and feasibility of
establishing a unit of the National Forest System in
the study area; and
(B) to identify available land within the study
area that could be included in the unit described in
subparagraph (A).
(2) Coordination and consultation.--In conducting the study
under paragraph (1), the Secretary shall--
(A) coordinate with the Hawaii Department of Land
and Natural Resources; and
(B) consult with the Hawaii Department of
Agriculture and other interested governmental entities,
private and nonprofit organizations, and any interested
individuals.
(3) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) consider unique vegetation types that occur in
the study area and that should be targeted for
inclusion in the unit of the National Forest System
described in paragraph (1)(A);
(B) evaluate the ability of the Secretary--
(i) to improve and protect forest areas
within the study area; and
(ii) to secure favorable water flows within
the study area;
(C) determine whether the unit of the National
Forest System described in paragraph (1)(A) would
expand, enhance, or duplicate--
(i) resource protection; and
(ii) visitor-use opportunities;
(D) consider parcels of an appropriate size or
location to be capable of economical administration as
part of the National Forest System separately or
jointly with the other land identified under paragraph
(1)(B);
(E) evaluate the willingness of landowners to sell
or transfer land in the study area to the Secretary;
(F) evaluate the suitability of land in the study
area for potential selection and designation as a
research natural area or an experimental forest;
(G) identify cost estimates for any Federal
acquisition, development, operation, and maintenance
that would be needed to establish the unit of the
National Forest System described in paragraph (1)(A);
and
(H) consider other alternatives for the
conservation, protection, and use of areas within the
study area by the Federal Government, State or local
government entities, or private and nonprofit
organizations.
(c) Effect.--Nothing in this section authorizes the Secretary to
take any action that would affect the use of any land owned by the
United States or not owned by the United States.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
TITLE III--LAND CONVEYANCES AND EXCHANGES
SEC. 301. GILT EDGE MINE CONVEYANCE.
(a) Definitions.--In this section
(1) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 266 acres of National Forest System land within
the Gilt Edge Mine Superfund Boundary, as generally depicted on
the map.
(2) Map.--The term ``map'' means the map entitled ``Gilt
Edge Mine Conveyance Act'' and dated August 20, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(4) State.--The term ``State'' means State of South Dakota.
(b) Land Conveyance.--
(1) In general.--Subject to the terms and conditions
described in this section, if the State submits to the
Secretary an offer to acquire the Federal land for the market
value, as determined by the appraisal under paragraph (3), the
Secretary shall convey the Federal land to the State.
(2) Terms and conditions.--The conveyance under paragraph
(1) shall be--
(A) subject to valid existing rights;
(B) made by quitclaim deed; and
(C) subject to any other terms and conditions as
the Secretary considers appropriate to protect the
interests of the United States.
(3) Appraisal.--
(A) In general.--After the State submits an offer
under paragraph (1), the Secretary shall complete an
appraisal to determine the market value of the Federal
land.
(B) Standards.--The appraisal under subparagraph
(A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(4) Map.--
(A) Availability of map.--The map shall be kept on
file and available for public inspection in the
appropriate office of the Forest Service.
(B) Correction of errors.--The Secretary may
correct any errors in the map.
(5) Consideration.--As consideration for the conveyance
under paragraph (1), the State shall pay to the Secretary an
amount equal to the market value of the Federal land, as
determined by the appraisal under paragraph (3).
(6) Survey.--The State shall prepare a survey that is
satisfactory to the Secretary of the exact acreage and legal
description of the Federal land to be conveyed under paragraph
(1).
(7) Costs of conveyance.--As a condition on the conveyance
under paragraph (1), the State shall pay all costs associated
with the conveyance, including the cost of--
(A) the appraisal under paragraph (3); and
(B) the survey under paragraph (6).
(8) Proceeds from the sale of land.--Any proceeds received
by the Secretary from the conveyance under paragraph (1) shall
be available to the Secretary until expended, without further
appropriation, for the maintenance and improvement of land or
administration facilities in the Black Hills National Forest in
the State.
(9) Environmental conditions.--Notwithstanding section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)(A)), the Secretary shall not be required to provide
any covenant or warranty for the Federal land conveyed to the
State under this section.
SEC. 302. CONVEYANCES TO THE UNIVERSITY OF ALASKA.
(a) Definitions.--In this section:
(1) Available state-selected land.--The term ``available
State-selected land'' means Federal land in the State that has
been selected by the State pursuant to section 6(b) of Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21), including land upon which the State has,
prior to December 31, 1993, filed a future selection
application under section 906(e) of the Alaska National
Interest Lands Conservation Act (43 U.S.C. 1635(e)), but not
conveyed or patented to the State, pursuant to Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21).
(2) Inholding.--The term ``inholding'' means any interest
in land owned by the University within--
(A) any conservation system unit (as defined in
section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102)); or
(B) any unit of the National Forest System in the
State.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the Bureau of Land Management.
(4) State.--The term ``State'' means the State of Alaska.
(5) University.--The term ``University'' means the
University of Alaska, acting through the Board of Regents.
(b) Establishment.--The Secretary shall establish a program within
the Bureau of Land Management--
(1) to identify and convey available State-selected land to
the University to support higher education in the State; and
(2) to acquire, by purchase or exchange, University-owned
inholdings in the State.
(c) Identification of Land to Be Conveyed to the University.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the State and the University may jointly
identify not more than 500,000 acres of available State-
selected land for inclusion in the program established under
subsection (b), of which not more than 360,000 acres may be
conveyed and patented to the University.
(2) Technical assistance.--On the request of the State and
the University, the Secretary shall provide technical
assistance in the identification of available State-selected
land for inclusion in the program established under subsection
(b).
(3) Maps.--As soon as practicable after the date on which
the available State-selected land is identified under paragraph
(1), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives 1 or more maps
depicting the available State-selected land identified for
potential conveyance to the University.
(4) Conveyance.--Subject to paragraph (5), if the State and
the University notify the Secretary in writing that the State
and the University jointly concur with the conveyance of all or
a portion of the available State-selected land identified under
paragraph (1), and that the State will conditionally relinquish
the selection rights of the State to the land covered by the
notification on the issuance of the land being tentatively
approved, and will fully relinquish those selection rights on
final patent by the Secretary to the University, the Secretary
shall convey the applicable identified available State-selected
land to the University, subject to valid existing rights, in
the same manner and subject to the same terms, conditions, and
limitations as is applicable to the State under section 6(b) of
Public Law 85-508 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21) and other applicable law, to
be held in trust for the exclusive use and benefit of the
University, to be administered in accordance with subsection
(e).
(5) Terms and conditions.--
(A) Maximum acreage.--Subject to subparagraph (C),
the Secretary shall convey not more than a total of
360,000 acres of available State-selected land to the
University under this subsection, not to exceed the
remaining entitlement of the State under section 6(b)
of Public Law 85-508 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21).
(B) Letters of concurrence.--For purposes of
paragraph (4) and subject to the maximum acreage
limitation under paragraph (1), the State and the
University may submit to the Secretary 1 or more joint
letters of concurrence identifying parcels of available
State selected land for conveyance as a subset of the
total acres to be conveyed under this subsection.
(C) Acreage charged against alaska statehood act
entitlement.--The acreage of land conveyed to the
University under this subsection shall be charged
against the remaining entitlement of the State under
section 6(b) of Public Law 85-508 (commonly known as
the ``Alaska Statehood Act'') (48 U.S.C. note prec.
21).
(D) Survey costs.--In accordance with Public Law
85-508 (commonly known as the ``Alaska Statehood Act'')
(48 U.S.C. note prec. 21), the Secretary shall be
responsible for the costs of required surveys.
(E) Submerged lands.--Lands beneath navigable
waters (as defined in section 2 of the Submerged Lands
Act (43 U.S.C. 1301)) shall not be available for
conveyance to the University under the program
established under subsection (b).
(d) University of Alaska Inholdings.--
(1) In general.--The Secretary or the Secretary of
Agriculture, as appropriate, may acquire by purchase or
exchange, with the consent of the University, University-owned
inholdings within Federal land in the State.
(2) Appraisals.--The value of the land to be exchanged or
acquired under this subsection shall be determined by the
Secretary or the Secretary of Agriculture, as appropriate,
through appraisals conducted--
(A) in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(B) by a qualified appraiser mutually agreed to by
the Secretary or the Secretary of Agriculture, as
appropriate, and the University.
(3) Equal value exchanges.--For any land exchange entered
into under this subsection, the Federal land and University-
owned inholdings exchanged shall be of equal value.
(4) Purchase acquisitions.--Pursuant to chapter 2003 of
title 54, United States Code, amounts in the Land and Water
Conservation Fund established by section 200302 of that title
may be used for the purchase of University-owned inholdings
within Federal land in the State under this subsection.
(5) Requirement.--Any land acquired by the United States
under this subsection shall be administered in accordance with
the laws (including regulations) applicable to the conservation
system unit or unit of the National Forest System in which the
land is located.
(e) Administration of Conveyed or Exchanged Land.--All available
State-selected land that is tentatively approved or conveyed to the
University under this section, and all land or assets acquired by the
University through an exchange under this section, together with the
income therefrom and the proceeds from any dispositions thereof, shall
be administered by the University in trust to meet the necessary
expenses of higher education programs, similar to prior Federal land
grants to the University.
(f) State and University Participation.--Nothing in this section
requires the State or the University--
(1) to participate in the program established under
subsection (b); or
(2) to enter into sales or exchanges of University-owned
inholdings under subsection (d).
(g) Congressional Notification.--Not later than 90 days after the
date of any conveyance and patent to the University under this section,
the Secretary shall notify the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives of the land conveyed and patented.
(h) No Effect on Alaska Statehood Act Entitlement.--Except for any
available State-selected land conveyed under subsection (c) and charged
against the remaining entitlement of the State under section 6(b) of
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21)--
(1) the operation of the program established under
subsection (b) shall not diminish or alter the rights of the
State to receive the entitlement of the State in any way; and
(2) the State may continue to pursue the transfer of the
remaining entitlement of the State under section 6(b) of Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21) at any time.
SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY ADJUSTMENTS.
(a) Wilderness Area Included in Mount Olympus Wilderness.-- Section
102(a) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
1657; 16 U.S.C. 1132 note) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) certain lands in the Uinta-Wasatch-Cache National
Forest which comprise approximately 326.27 acres as generally
depicted on a map entitled the `Bonneville Shoreline Trail
Legislative Map' dated July 9, 2020, are, subject to valid
existing rights, hereby incorporated as part of the Mount
Olympus Wilderness designated under paragraph (3).''.
(b) Wilderness Boundary Adjustments.--
(1) Mount naomi wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness
Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16
U.S.C. 1132 note) is amended by adding at the end the
following:
``(c) Mount Naomi Wilderness Boundary Adjustment.--Certain lands in
the Uinta-Wasatch-Cache National Forest which comprise approximately
11.17 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Mount Naomi Wilderness designated under subsection
(a)(1).''.
(B) Management.--The Mount Naomi Wilderness, as
designated under section 102(a)(1) of the Utah
Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
1658; 16 U.S.C. 1132 note) and adjusted under
subparagraph (A), effective beginning on the date of
enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(2) Mount olympus wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness
Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16
U.S.C. 1132 note), as amended by paragraph (1)(A), is
amended by adding at the end the following:
``(d) Mount Olympus Wilderness Boundary Adjustment.--Certain lands
in the Uinta-Wasatch-Cache National Forest which comprise approximately
197.4 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Mount Olympus Wilderness designated under subsection
(a)(3).''.
(B) Management.--The Mount Olympus Wilderness, as
designated under section 102(a)(3) of the Utah
Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
1658; 16 U.S.C. 1132 note) and adjusted under
subparagraph (A), effective beginning on the date of
enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(3) Twin peaks wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness
Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16
U.S.C. 1132 note), as amended by paragraphs (1) and
(2), is amended by adding at the end the following:
``(e) Twin Peaks Wilderness Boundary Adjustment.--Certain lands in
the Uinta-Wasatch-Cache National Forest which comprise approximately
9.8 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Twin Peaks Wilderness designated under subsection
(a)(4).''.
(B) Management.--The Twin Peaks Wilderness, as
designated under section 102(a)(4) of the Utah
Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
1658; 16 U.S.C. 1132 note) and adjusted under
subparagraph (A), effective beginning on the date of
enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(4) Lone peak wilderness boundary adjustment.--
(A) Adjustment.--Section 2 of the Endangered
American Wilderness Act of 1978 (Public Law 95-237; 92
Stat. 42; 16 U.S.C. 1132 note) is amended--
(i) in subsection (j), by striking ``and''
at the end;
(ii) in subsection (k), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(l) certain lands in the Uinta-Wasatch-Cache National Forest,
Utah, which comprise approximately 107.9 acres as generally depicted on
a map entitled the `Bonneville Shoreline Trail Legislative Map', dated
July 9, 2020, are hereby removed from the Lone Peak Wilderness Area
designated under subsection (i).''.
(B) Management.--The Lone Peak Wilderness Area, as
designated under section 2(i) of the Endangered
American Wilderness Act of 1978 (Public Law 95-237; 92
Stat. 42; 16 U.S.C. 1132 note) and adjusted under
subparagraph (A), effective beginning on the date of
enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any water right (as defined by applicable State
law) in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act; or
(4) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of this
Act.
(d) Map.--
(1) Map on file.--The map entitled the ``Bonneville
Shoreline Trail Legislative Map'', dated July 9, 2020, shall be
on file and available for inspection in the office of the Chief
of the Forest Service.
(2) Corrections.--The Secretary of Agriculture may make
technical corrections to the map described in paragraph (1).
SEC. 304. ARIZONA EXPERIMENT STATION LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Easement.--The term ``easement'' means an easement to
access and use Forest Service Road 9201D from its junction with
Forest Service Road 0618 (commonly known as ``Beaver Creek'').
(2) Federal land.--The term ``Federal land'' means the
approximately 13.3 acres of National Forest System land within
the Coconino National Forest in the State of Arizona, as
generally depicted on the map entitled ``Act to Convey Certain
NFS Land and non-Federal Land in Arizona Winter Quarters'' and
dated June 20, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) University.--The term ``University'' means the Arizona
Board of Regents, acting on behalf of the University of Arizona
Experiment Station.
(b) Coconino National Forest Land Conveyance.--
(1) Conveyance authorized.--Subject to this subsection, if
the University submits to the Secretary not later than 180 days
after the date of enactment of this Act a written request to
acquire the Federal land for market value, as determined by the
appraisal conducted under paragraph (4), the Secretary shall,
not later than 1 year after the date of enactment of this Act,
convey to the University all right, title, and interest of the
United States in and to that land, including related
infrastructure, improvements, and easements on that land.
(2) Terms and conditions.--The conveyance authorized under
paragraph (1) shall be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law; and
(C) subject to any other terms and conditions as
considered appropriate by the Secretary.
(3) Forest service access.--The Secretary shall retain all
other rights not included in the conveyance authorized under
paragraph (1) to Forest Service Road 9201D from its junction
with Forest Service Road 0618 (commonly known as ``Beaver
Creek''), including the maintenance of, and continued
administrative access to, that road.
(4) Appraisal.--
(A) In general.--Not later than 90 days after the
date on which the University submits a written request
under paragraph (1), the Secretary shall complete an
appraisal to determine the market value of the Federal
land.
(B) Standards.--The appraisal under subparagraph
(A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
SEC. 305. WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Skamania County,
Washington.
(2) Map.--The term ``map'' means the map entitled ``Wind
River Administrative Site Conveyance Proposal'' and dated July
7, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance of Land and Improvements.--If the County submits a
written request to the Secretary not later than 180 days after the date
of enactment of this Act, the Secretary shall, not later than 2 years
after the date of the enactment of this Act, convey to the County all
right, title, and interest of the United States in and to the
approximately 23.4 acres of National Forest System land, related
infrastructure, and all improvements, as generally depicted as
``proposed conveyance'' on the map.
(c) Map.--
(1) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of
the Forest Service.
(2) Correction of errors.--The Secretary may correct minor
errors in the map.
(d) Terms and Conditions.--
(1) In general.--The conveyance under subsection (b) shall
be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law,
made without consideration;
(C) made by quitclaim deed;
(D) subject to a right-of-way and restrictive
easement reservation of a width to be determined by the
Secretary, for the protection of the Pacific Crest
National Scenic Trail;
(E) completed in accordance with the Forest Service
Facility Realignment and Enhancement Act of 2005 (16
U.S.C. 580d note; Public Law 109-54), except that
subsections (b) and (c) of section 504 of that Act
shall not apply;
(F) subject to right-of-way reservations made
pursuant to section 507 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1767);
(G) subject to the County managing a portion of the
land conveyed under subsection (b) for public
recreational purposes;
(H) subject to the County retaining ownership of
the land conveyed under subsection (b) in perpetuity;
and
(I) subject to any other terms and conditions as
the Secretary determines appropriate.
(2) Reversion.--The land conveyed under subsection (b)
shall, at the discretion of the Secretary, revert to the United
States if--
(A) the land is used in a manner that is
inconsistent with the use described in paragraph
(1)(G); or
(B) the County attempts to dispose of the land.
(e) Federal Property Disposal.--Chapter 5 of subtitle I of title
40, United States Code, shall not apply to the conveyance under
subsection (b).
(f) Hazardous Materials.--With respect to the conveyance under
subsection (b), the Secretary--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)); and
(2) shall not otherwise be required to remediate or abate
the hazardous substances, pollutants, or contaminants disclosed
pursuant to paragraph (1).
(g) Closing Costs.--As a condition for the conveyance under
subsection (b), the County shall pay all closing costs associated with
the conveyance, including for--
(1) title insurance and title search; and
(2) any applicable inspection fees, escrow fees, attorneys'
fees, and recording fees.
(h) Survey.--
(1) In general.--The exact acreage and legal description of
the National Forest System land to be conveyed under subsection
(b) shall be determined by a survey satisfactory to the
Secretary.
(2) Costs of survey.--The Secretary may bear all costs
associated with the survey under paragraph (1).
(i) Use of Land.--
(1) In general.--The land and related infrastructure
conveyed under subsection (b) shall be maintained by the County
pursuant to standards established by the Secretary of the
Interior under section 306101 of title 54, United States Code.
(2) Reversion.--If any portion of the land conveyed under
subsection (b) is used in a manner that is inconsistent with
the use described in paragraph (1), the land shall, at the
discretion of the Secretary, revert to the United States.
SEC. 306. RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN SEGMENT
AT VALLEY FORGE NHP.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may issue a right-of-way permit pursuant to part 14 of title
36, Code of Federal Regulations (as in effect on the date of the
enactment of this Act), for the covered main segment if the covered
main segment is relocated to a proposed realignment of Valley Forge
Park Road and North Gulph Road within the Park.
(b) Scope of Authority.--The authority to grant a right-of-way
permit under subsection (a) shall apply only to the covered main
segment and shall not apply to any other part of the natural gas
distribution main system or any other pipeline system within the Park.
(c) Definitions.--In this section:
(1) Covered main segment.--The term ``covered main
segment'' means the portions of the natural gas distribution
main (including all appurtenances used in the operation of such
main) within the Park--
(A) existing on the date of the enactment of this
Act; and
(B) that are located under, along, or adjacent to
the segments of North Gulph Road and Valley Forge Park
Road (SR3039 and SR0023 respectively, as those roads
were aligned on January 21, 2022) that are between--
(i) the intersection of North Gulph Road
with Richards Road; and
(ii) a point on Valley Forge Park Road
located 500 feet northwest of its intersection
with County Line Road.
(2) Park.--The term ``Park'' means Valley Forge National
Historical Park.
TITLE IV--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 401. DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) York river, maine.--The following segments of the
main stem and tributaries (including portions of Bass Cove
Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook,
Libby Brook, Rogers Brook, and Smelt Brook) in the State of
Maine, totaling approximately 30.8 miles, to be administered by
the Secretary of the Interior, as a recreational river:
``(A) The approximately 0.95-mile segment of Bass
Cove Creek from the outlet of Boulter Pond in York,
Maine, and extending downstream to the confluence with
the York River in York, Maine.
``(B) The approximately 3.77-mile segment of Cider
Hill Creek from the Middle Pond dam in York, Maine, and
extending downstream to the confluence with the York
River in York, Maine.
``(C) The approximately 2.15-mile segment of Cutts
Ridge Brook from the headwaters in Kittery, Maine, and
extending downstream to the confluence with the York
River in York, Maine.
``(D) The approximately 3.17-mile segment of Dolly
Gordon Brook from the headwaters in York, Maine, and
extending downstream to the confluence with the York
River in York, Maine.
``(E) The approximately 1.65-mile segment of Libby
Brook from the headwaters in Kittery, Maine, and
extending downstream to the confluence with Dolly
Gordon Brook in York, Maine.
``(F) The approximately 2.43-mile segment of Rogers
Brook from the headwaters in Eliot, Maine, and
extending downstream to the confluence with the York
River in York, Maine.
``(G) The approximately 4.54-mile segment of Smelt
Brook from the Bell Marsh Reservoir dam in York, Maine,
and extending downstream to the confluence with the
York River in York, Maine.
``(H) The approximately 12.14-mile segment of the
York River from the outlet of York Pond in Eliot,
Maine, and extending downstream to the Route 103 Bridge
in York, Maine, including Barrell Mill Pond in York,
Maine.''.
(b) Management of York Wild and Scenic River, Maine.--
(1) Definitions.--In this subsection:
(A) Covered segment.--The term ``covered segment''
means a river segment designated by paragraph (231) of
section 3(a) of the of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (a)).
(B) State.--The term ``State'' means the State of
Maine.
(C) Stewardship committee.--The term ``Stewardship
Committee'' means the York River Stewardship Committee.
(D) Stewardship plan.--The term ``stewardship
plan'' means the plan entitled the ``York River
Watershed Stewardship Plan'', dated August 2018, and
developed pursuant to the study described in section
5(b)(21) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)(21)).
(2) Stewardship plan.--
(A) In general.--The Secretary shall manage the
covered segments in accordance with--
(i) the stewardship plan; and
(ii) any amendments to the stewardship plan
that--
(I) the Secretary determines are
consistent with this section; and
(II) are approved by the
Stewardship Committee.
(B) Comprehensive management plan.--The stewardship
plan shall be considered to satisfy the requirements
for a comprehensive management plan under section 3(d)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Coordination with committee.--The Secretary shall
coordinate the management responsibilities of the Secretary
under this section and the amendments made by this section with
the Stewardship Committee, as provided in the stewardship plan.
(4) Cooperative agreements.--
(A) In general.--To provide for the long-term
protection, preservation, and enhancement of the
covered segments, the Secretary may enter into
cooperative agreements pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e), 1282(b)(1)) with--
(i) the State;
(ii) the towns of Eliot, Kittery, South
Berwick, and York in the State; and
(iii) appropriate local, regional, or State
planning, environmental, or recreational
organizations.
(B) Consistency.--Each cooperative agreement
entered into under this paragraph--
(i) shall be consistent with the
stewardship plan; and
(ii) may include provisions for Federal
financial or other assistance.
(5) Land management.--
(A) Zoning ordinances.--For the purposes of the
covered segments, the zoning ordinances adopted by the
towns described in paragraph (4)(A)(ii), including any
provisions for the conservation of floodplains,
wetlands, and watercourses associated with the covered
segments, shall be considered to satisfy the
requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The authority of the
Secretary to acquire land for the purposes of the
covered segments shall be--
(i) limited to acquisition by donation or
acquisition with the consent of the owner of
the land; and
(ii) subject to the additional criteria
provided in the stewardship plan.
(C) No condemnation.--No land or interest in land
within the watersheds of the covered segments may be
acquired by condemnation.
(6) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the covered segments shall not be--
(A) administered as a unit of the National Park
System; or
(B) subject to the laws (including regulations)
applicable to the National Park System.
SEC. 402. DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER, CONNECTICUT.
(a) Amendments to Wild and Scenic Rivers Act.--Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section
401(a)) is amended by adding at the end the following:
``(232) Housatonic river, connecticut.--
``(A) In general.--The following segments of the
Housatonic River in the State of Connecticut, to be
administered by the Secretary of the Interior:
``(i) The approximately 14.9-mile segment
from the Massachusetts-Connecticut boundary to
the covered bridge in West Cornwall, as a
scenic river.
``(ii) The approximately 4.1-mile segment
from the covered bridge in West Cornwall to the
Cornwall Bridge, as a recreational river.
``(iii) The approximately 9.1-mile segment
from the Cornwall Bridge to the Route 341
bridge in Kent, as a scenic river.
``(iv) The approximately 12.2-mile segment
from the Route 341 bridge in Kent to the
Boardman Bridge in New Milford, as a
recreational river.
``(B) Effects on hydroelectric facilities.--The
designation of the river segments in subparagraph (A)
shall not--
``(i) impact or alter the existing terms of
permitting, licensing, or operation of--
``(I) the Falls Village
Hydroelectric Generating Station
located in Falls Village, Connecticut
(FERC P-2576); or
``(II) the Bulls Bridge
Hydroelectric Generating Station
located in New Milford, Connecticut
(FERC P-2576); or
``(ii) preclude the Federal Energy
Regulatory Commission from licensing,
relicensing, or otherwise authorizing the
operation or continued operation of the
facilities named in clause (i).''.
(b) Management.--
(1) Process.--The Housatonic River segments shall be
managed in accordance with--
(A) the Management Plan; and
(B) such amendments to the Management Plan as the
Secretary determines are consistent with this section
and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.).
(2) Comprehensive management plan.--The Management Plan
shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Cooperative management.--
(A) In general.--To provide for long-term
protection, preservation, and enhancement of the
Housatonic River segments, the Secretary shall
coordinate management responsibilities under this
section, and may enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)),
with--
(i) the State of Connecticut;
(ii) the towns of Sharon, Canaan, Cornwall,
Salisbury, New Milford, Kent, and North Canaan,
Connecticut; and
(iii) appropriate planning, environmental,
and recreational organizations, including--
(I) local, regional, State, and
multistate organizations; and
(II) any other appropriate
organizations, as determined by the
Housatonic River Commission, or its
successor organization, as defined in
the Management Plan.
(B) Cooperative agreements.--Each cooperative
agreement entered into under this paragraph shall be
consistent with the Management Plan and may include
provisions for financial or other assistance from the
United States.
(4) Zoning ordinances.--For the purposes of the Housatonic
River segments, the zoning ordinances adopted by the
municipalities named in paragraph (3)(A)(ii) shall be deemed to
satisfy the standards and requirements of section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(5) Acquisition of lands.--The authority of the Secretary
to acquire land for the Housatonic River segments shall be--
(A) limited to acquisition by donation or
acquisition with the consent of the owner thereof; and
(B) subject to the additional criteria set forth in
the Management Plan.
(6) No condemnation.--No land or interest in land may be
acquired for the Housatonic River segments by condemnation.
(7) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Housatonic River segments shall not be--
(A) administered as a part or unit of the National
Park System; or
(B) subject to regulations that govern the National
Park System.
(8) Definitions.--In this subsection:
(A) Management plan.--The term ``Management Plan''
means the Housatonic River Management Plan, dated
September 2006.
(B) Housatonic river segments.--The term
``Housatonic River segments'' means the river segments
designated by the amendments made by subsection(a).
SEC. 403. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS,
LITTLE MANATEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)) is amended by adding at the end the following:
``(145) Little manatee river, florida.--The approximately
50-mile segment beginning at the source in southeastern
Hillsborough County, Florida, downstream to the point at which
the river enters Tampa Bay, including appropriate tributaries,
but shall not include--
``(A) those portions lying within Manatee County,
Florida, and being more particularly described as
Parcel ID 247800059, Parcel ID 248200008, and Parcel ID
248100000; and
``(B) South Fork.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
``(22) Little manatee river, florida.--Not later than 3
years after the date on which funds are made available to carry
out this paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Little Manatee
River, Florida named in subsection (a)(145); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the results of the study.''.
(c) Effect on Management.--This section and the amendments made by
this section shall not interfere with the current management of the
area of the Little Manatee River described in paragraph (145) of
section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor
shall the fact that such area is listed for study under that Act be
used as justification for more restrictive management until Congress
acts on the study recommendations.
SEC. 404. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS,
KISSIMMEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)) (as amended by section 403(a)) is amended by adding at
the end the following:
``(146) Kissimmee river, florida.--The restored segment of
the Kissimmee River, beginning approximately 16 miles
downstream of Lake Kissimmee and ending approximately 15 miles
upstream of Lake Okeechobee.''.
(b) Studies and Reports.--Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) (as amended by section 403(b)) is
amended by adding at the end the following:
``(23) Kissimmee river, florida.--Not later than 3 years
after the date on which funds are made available to carry out
this paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Kissimmee River,
Florida named in paragraph (146) of subsection (a); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the results of the study.''.
(c) Effect on Management.--This section and the amendments made by
this section shall not interfere with the current management of the
area of the Kissimmee River described in paragraph (146) of section
5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall
the fact that such area is listed for study under that Act be used as
justification for more restrictive management until Congress acts on
the study recommendations.
TITLE V--NATIONAL TRAILS SYSTEM
SEC. 501. DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(31) Chilkoot national historic trail.--
``(A) In general.--The Chilkoot National Historic
Trail, an approximately 16.5-mile route within the
Klondike Gold Rush National Historical Park that was
traditionally used as a trading route by the Tlingit
Indian Tribe and Tagish First Nation and as a gold rush
route, as generally depicted on the map entitled
`Proposed Chilkoot National Historic Trail', numbered
KLGO-461-173787, and dated October 2020.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
``(C) Administration.--The Chilkoot National
Historic Trail shall be administered by the Secretary
of the Interior.
``(D) Effect.--The designation of the Chilkoot
National Historic Trail shall not affect any
authorities under Public Law 94-323 (16 U.S.C. 410bb et
seq.).
``(E) Coordination of activities.--The Secretary of
the Interior may coordinate with public and
nongovernmental organizations and institutions of
higher education in the United States and Canada,
Alaska Native Corporations, and, in consultation with
the Secretary of State, the Government of Canada and
any political subdivisions of the Government of Canada
for the purposes of--
``(i) exchanging information and research
relating to the Chilkoot National Historic
Trail;
``(ii) supporting the preservation of, and
educational programs relating to, the Chilkoot
National Historic Trail;
``(iii) providing technical assistance with
respect to the Chilkoot National Historic
Trail; and
``(iv) working to establish an
international historic trail incorporating the
Chilkoot National Historic Trail that provides
for complementary preservation and education
programs in the United States and Canada.''.
SEC. 502. ALASKA LONG NATIONAL SCENIC TRAIL STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following:
``(48) Alaska long trail.--
``(A) In general.--The Alaska Long Trail, extending
approximately 500 miles from Seward, Alaska, to
Fairbanks, Alaska.
``(B) Requirement.--The Secretary of the Interior
(referred to in this paragraph as the `Secretary')
shall study the feasibility of designating the trail
described in subparagraph (A), including evaluating the
potential impacts of the trail on rights-of-way,
existing rights, or other recreational uses of the land
proposed to be used for the trail.
``(C) Consultation.--The Secretary shall conduct
the study under this paragraph in consultation with--
``(i) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
``(ii) the State of Alaska;
``(iii) units of local government in the
State of Alaska;
``(iv) Alaska Native Corporations; and
``(v) representatives of the private
sector, including any entity that holds a
permit issued by the Federal Energy Regulatory
Commission.''.
SEC. 503. BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
(as amended by section 502) is amended by adding at the end the
following:
``(49) Buckeye trail.--The Buckeye Trail, a system of
trails creating a loop extending approximately 1,454 miles from
Lake Erie to the Ohio River, through the farmland of northwest
Ohio, the hills of Appalachia, the Black Hand sandstone cliffs
of the Hocking Hills region, and the Bluegrass region of
southwest Ohio.''.
TITLE VI--NATIONAL PARK SERVICE PROVISIONS
Subtitle A--Additions to the National Park System
SEC. 601. NEW PHILADELPHIA NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
New Philadelphia National Historic Site established by
subsection (b)(1).
(2) State.--The term ``State'' means the State of Illinois.
(b) Establishment of New Philadelphia National Historic Site.--
(1) Establishment.--There is established in the State as a
unit of the National Park System the New Philadelphia National
Historic Site.
(2) Purpose.--The purpose of the historic site is to
protect, preserve, and interpret the historic resources
associated with the town of New Philadelphia, the first town in
the United States planned and legally registered by a free
African American before the Civil War.
(3) Boundary.--The historic site shall consist of the
approximately 124.33 acres of land within the boundary
generally depicted as ``Proposed Boundary'' on the map prepared
by the National Park Service entitled ``New Philadelphia
National Historic Site Proposed Boundary'', numbered 591/
176,516, and dated July 2021.
(c) Administration.--
(1) In general.--The Secretary shall administer land within
the boundary of the historic site in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements with the State or other public
and private entities--
(i) to coordinate preservation and
interpretation activities within the historic
site; and
(ii) to identify, interpret, and provide
assistance for the preservation and
interpretation of non-Federal land within the
boundary of the historic site and at sites in
close proximity to the historic site that are
located outside the boundary of the historic
site.
(B) Public access.--Any cooperative agreement
entered into under subparagraph (A) to provide
assistance to non-Federal land shall provide for
reasonable public access to the non-Federal land.
(3) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the
Secretary may acquire land and interests in land for
inclusion in the historic site by--
(i) donation;
(ii) purchase with donated or appropriated
funds; or
(iii) exchange.
(B) Limitation.--Any land owned by the State or a
political subdivision of the State may be acquired for
inclusion in the historic site only by donation.
(4) Technical and preservation assistance.--The Secretary
may provide public interpretation and technical assistance for
the preservation of historic structures of, the maintenance of
the cultural landscape of, and local preservation planning for,
related historic and cultural resources within the boundaries
of the historic site.
(5) Management plan.--Not later than 3 fiscal years after
the date on which funds are first made available to carry out
this section, the Secretary, in consultation with the State,
shall complete a general management plan for the historic site
in accordance with--
(A) section 100502 of title 54, United States Code;
and
(B) any other applicable laws.
Subtitle B--Modifications to Existing Units of the National Park System
SEC. 611. SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 97.71 acres of Forest Service land identified as
``Proposed transfer from USDA Forest Service to National Park
Service'' on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Sunset
Crater Volcano National Monument Draft Proposed Boundary
Adjustment'', numbered 039/80,053d, and dated January 2021.
(3) Monument.--The term ``Monument'' means the Sunset
Crater Volcano National Monument established by Presidential
Proclamation 1911 (54 U.S.C. 320301 note; 46 Stat. 3023) and
redesignated by section 15 of the Smith River National
Recreation Area Act (Public Law 101-612; 104 Stat. 3222).
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Sunset Crater Volcano National Monument Boundary
Modification.--
(1) Transfer of administrative jurisdiction to national
park service.--Administrative jurisdiction over the Federal
land is transferred from the Forest Service to the National
Park Service.
(2) Map availability.--The Map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(3) Boundary modification.--The boundary of the Monument is
modified to include the Federal land.
(4) Administration.--Subject to valid existing rights, the
Secretary shall administer the Federal land added to the
Monument under paragraph (3)--
(A) as part of the Monument; and
(B) in accordance with applicable laws (including
regulations).
SEC. 612. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL
PARK.
(a) Nystrom Elementary School Addition.--Section 2 of the Rosie the
Riveter/World War II Home Front National Historical Park Establishment
Act of 2000 (16 U.S.C. 410ggg) is amended by striking subsection (b)
and inserting the following:
``(b) Areas Included.--
``(1) In general.--The boundaries of the park shall
include--
``(A)(i) the areas generally depicted on the map
entitled `Proposed Boundary Map, Rosie the Riveter/
World War II Home Front National Historical Park',
numbered 963/80,000, and dated May 2000; and
``(ii) the areas depicted as the `Proposed Boundary
Addition' on the map entitled `Rosie the Riveter/World
War II Home Front National Historical Park Proposed
Boundary Addition', numbered 499/168,353, and dated May
2020; and
``(B) any other historic properties identified by
the Secretary as appropriate for addition to the park,
subject to the requirement that a historic property
proposed for addition to the park shall--
``(i) be determined to be eligible for
listing in the National Register of Historic
Places;
``(ii) have a direct connection to World
War II home front themes in Richmond,
California; and
``(iii) relate to the purpose,
significance, and interpretive themes of the
park.
``(2) Availability of maps.--The maps referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.''.
(b) Administration.--Section 3(a) of the Rosie the Riveter/World
War II Home Front National Historical Park Establishment Act of 2000
(16 U.S.C. 410ggg-1(a)) is amended by adding at the end the following:
``(3) Nystrom elementary school.--Nothing in this Act
affects the authority of the West Contra Costa Unified School
District to administer Nystrom Elementary School.''.
(c) Cooperative Agreements.--Section 3(b) of the Rosie the Riveter/
World War II Home Front National Historical Park Establishment Act of
2000 (16 U.S.C. 410ggg-1(b)) is amended by adding at the end the
following:
``(3) West contra costa unified school district.--
``(A) In general.--The Secretary may enter into
cooperative agreements with the West Contra Costa
Unified School District and other appropriate public
and private agencies, organizations, and institutions
to carry out the purposes of this Act.
``(B) Visitor interpretation.--The Secretary shall
coordinate visitor interpretation of the Nystrom
Elementary School site with the West Contra Costa
Unified School District.''.
SEC. 613. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2018, section 8 of Public Law 87-126 (16
U.S.C. 459b-7) is amended--
(1) in subsection (a), in the second sentence, by striking
``2018'' and inserting ``2029'';
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).
SEC. 614. CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY
MODIFICATION.
Section 303(b) of the Cane River Creole National Historical Park
and National Heritage Area Act (16 U.S.C. 410ccc-1(b)) is amended by
adding at the end the following:
``(5) The approximately 46.1 acres of land identified as
`Proposed Addition', as generally depicted on the map entitled
`Cane River Creole National Historical Park Proposed Addition--
Magnolia Plantation Unit', numbered 494/176,958, and dated
October 2021.''.
SEC. 615. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP NATIONAL
RECREATION AREA.
Section 4(b) of the Delaware Water Gap National Recreation Area
Improvement Act (Public Law 109-156; 119 Stat. 2948; 131 Stat. 2246) is
amended, in the matter preceding paragraph (1), by striking ``Until''
and all that follows through ``subsection (a)'' and inserting ``Until
September 30, 2026, subsection (a)''.
SEC. 616. WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY MODIFICATION.
Section 1(b) of Public Law 86-434 (16 U.S.C. 430kk(b)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking ``The map''
and inserting the following:
``(C) Availability of maps.--The maps described in
subparagraphs (A) and (B)'';
(B) by striking ``(1) The boundaries'' and
inserting the following:
``(1) Additional land.--
``(A) In general.--The boundaries'';
(C) by inserting after subparagraph (A) (as so
designated) the following:
``(B) Newtonia battlefield addition.--The boundary
of the Wilson's Creek National Battlefield is revised
to include the approximately 25 acres of land
identified as `Proposed Addition' on the map entitled
`Wilson's Creek National Battlefield Proposed Boundary
Modification', numbered 410/177,379, and dated July
2022.''; and
(D) by adding at the end the following:
``(D) Errors.--The Secretary of the Interior may
correct any clerical or typographical error in a map
described in subparagraph (A) or (B).''; and
(2) in paragraph (2)--
(A) by striking ``(2) The Secretary is authorized
to acquire the lands referred to in paragraph (1)'' and
inserting the following:
``(2) Method of acquisition.--The Secretary of the Interior
may acquire the land described in subparagraphs (A) and (B) of
paragraph (1)''; and
(B) in the second sentence, by striking ``the
park'' and inserting ``Wilson's Creek National
Battlefield''.
SEC. 617. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY REVISION.
(a) Definitions.--Section 7134(a) of the Energy and Natural
Resources Act of 2017 (as enacted into law by section 121(a)(2) of
division G of the Consolidated Appropriations Act, 2018 (Public Law
115-141; 16 U.S.C. 410xxx(a)(3))) is amended--
(1) in paragraph (3), by striking ``numbered 571/149,942,
and dated December 2018'' and inserting ``numbered 571/177,464,
and dated September 2021'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
(b) Authority To Correct Errors in Map.--Section 7134(d) of the
Energy and Natural Resources Act of 2017 (as enacted into law by
section 121(a)(2) of division G of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 16 U.S.C. 410xxx(d))) is amended--
(1) by striking ``The Map'' and inserting the following:
``(1) In general.--The Map''; and
(2) by adding at the end the following:
``(2) Authority to correct errors.--The Secretary may
correct any clerical or typographical errors in the Map.''.
(c) Visitor Center and Administrative Facilities.--Section 7134(e)
of the Energy and Natural Resources Act of 2017 (as enacted into law by
section 121(a)(2) of division G of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 16 U.S.C. 410xxx(e))) is amended by adding at
the end the following:
``(3) Visitor center.--The Secretary--
``(A) may acquire, by donation, the land (including
any improvements to the land) owned by the city of Ste.
Genevieve, Missouri, and used as the visitor center for
the Historical Park, as generally depicted on the Map
as `Proposed Boundary Addition'; and
``(B) on acquisition of the land described in
subparagraph (A), shall revise the boundary of the
Historical Park to include the acquired land.
``(4) Administrative facilities.--The Secretary may
acquire, by purchase from a willing seller or by donation, not
more than 20 acres of land in the vicinity of the Historical
Park for administrative facilities for the Historical Park.''.
SEC. 618. CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR AFFORDABLE
WORKFORCE HOUSING.
Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is amended
by striking ``by any town which so desires'' in the first sentence and
all that follows through the period at the end of paragraph (2) and
inserting the following: ``for affordable workforce housing to benefit
the towns on Mount Desert Island, subject to the limitation that the
Secretary may retain not more than 15 acres of the Federal land
identified as `4DBH' on the map, to be used by the Secretary to provide
housing and administrative facilities for the use of, and supporting
the purposes of, the Park.''.
SEC. 619. DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Historical park.--The term ``historical park'' means
the Pullman National Historical Park.
(2) Map.--The term ``map'' means the map entitled ``Pullman
National Historical Park Boundary'', numbered 590/125,485, and
dated November 2021.
(b) Redesignation of Pullman National Monument.--
(1) In general.--The Pullman National Monument, established
by Proclamation Number 9233, dated February 19, 2015, is
redesignated as the ``Pullman National Historical Park''.
(2) Availability of funds.--Any funds available for
purposes of the Pullman National Monument shall be available
for purposes of the historical park.
(3) References.--Any references in a law, regulation,
document, record, map, or other paper of the United States to
the Pullman National Monument shall be considered to be a
reference to the historical park.
(4) Proclamation.--Proclamation Number 9233, dated February
19, 2015, shall have no force or effect.
(c) Purposes.--The purposes of the historical park are to preserve,
protect, and interpret Pullman's nationally significant cultural and
historical resources associated with--
(1) the labor history of the United States and creation of
a national Labor Day holiday;
(2) the first planned industrial community in the United
States;
(3) the architecture and landscape design of the planned
community;
(4) the pivotal role of the Pullman porter in the rise of
the African-American middle class; and
(5) the entirety of history, culture, and historic figures
embodied in Presidential Proclamation Number 9233.
(d) Administration.--The Secretary shall administer the land within
the boundary of the historical park in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54,
United States Code; and
(B) chapter 3201 of title 54, United States Code.
(e) Cooperative Agreements.--
(1) In general.--To further the purposes of this section
and notwithstanding chapter 63 of title 31, United States Code,
the Secretary may enter into cooperative agreements with the
State of Illinois, other public and nonprofit entities, and
other interested parties, subject to paragraph (2)--
(A) to support collaborative interpretive and
educational programs at non-Federal historic properties
within the boundaries of the historical park; and
(B) to identify, interpret, and provide assistance
for the preservation of non-Federal land within the
boundaries of the historical park and at sites in close
proximity to the historical park, but located outside
the boundaries of the historical park, including
providing for placement of directional and interpretive
signage, exhibits, and technology-based interpretive
devices.
(2) Public access.--A cooperative agreement entered under
this subsection shall provide for reasonable public access.
(f) Use of Funds.--
(1) In general.--The Secretary may use appropriated funds
to mark, interpret, improve, restore, and provide technical
assistance with respect to the preservation and interpretation
of the properties.
(2) Inconsistent purposes.--Any payment made by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of the project
for purposes that are inconsistent with the purposes of this
section, as determined by the Secretary, shall result in a
right of the United States to reimbursement of the greater of--
(A) the amount provided by the Secretary to the
project; and
(B) an amount equal to the increase in the value of
the project that is attributable to the funds, as
determined by the Secretary at the time of the
conversion, use, or disposal.
(g) Acquisition of Land.--The Secretary may acquire for inclusion
in the historical park any land (including interests in land),
buildings, or structures owned by the State of Illinois, or any other
political, private, or nonprofit entity by donation, transfer,
exchange, or purchase from a willing seller.
(h) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this section, the
Secretary shall complete a management plan for the historical park.
SEC. 620. PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK BOUNDARY
ADDITION.
(a) Boundary.--Section 3(b)(2) of the Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(2)) is
amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) In addition to the land described in
paragraph (1), the historical park shall
consist of--
``(I) the approximately 34 acres of
land, as generally depicted on the map
entitled `Palo Alto Battlefield NHS
Proposed Boundary Expansion', numbered
469/80,012, and dated May 21, 2008; and
``(II) on the date that such land
is donated to the United States, the
approximately 166.44 acres of land
generally depicted on the map entitled
`PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK Proposed Boundary
Addition, Fort Brown Unit', numbered
469/143,589, and dated April 2018.
``(ii) Before accepting any donated land
described in this subparagraph, the Secretary
shall complete a boundary study analyzing the
feasibility of adding the land to the national
historical park.
``(iii) If a boundary study completed under
clause (ii) finds that acceptance of the
donated land is feasible and appropriate, the
Secretary may accept such land and administer
the land as part of the historical park after
providing notice of such finding to
Congress.''; and
(2) in subparagraph (B)--
(A) in the heading, by striking ``map'' and
inserting ``maps''; and
(B) by striking ``map'' and inserting ``maps''.
(b) Legal Description.--Section 3(b)(3) of the Palo Alto
Battlefield National Historic Site Act of 1991 (16 U.S.C. 410nnn-
1(b)(3)) is amended by striking ``after'' and all that follows through
``Secretary of the Interior'' and inserting ``after the addition of
lands to the historic park boundary, the Secretary of the Interior''.
SEC. 621. INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBELLION ON ST.
JOHN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall install, in an appropriate
location in the area of the Ram Head trail at the peak of Ram Head in
the Virgin Islands National Park on St. John, United States Virgin
Islands, a suitable plaque to commemorate the slave rebellion that
began on St. John on November 23, 1733.
(b) Contents of Plaque.--The plaque installed under subsection (a)
shall include information regarding--
(1) important facts about the slave rebellion that began on
St. John in 1733;
(2) the collective suicide that occurred during the slave
rebellion in the vicinity of Ram Head on St. John in 1734; and
(3) the significance of the slave rebellion to the history
of St. John, the United States Virgin Islands, and the United
States.
Subtitle C--National Park Service Studies
SEC. 631. SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the John P. Parker House in Ripley, Ohio, which was
recognized as a National Historic Landmark in 1997.
(b) Study.--
(1) In general.--The Secretary shall conduct a special
resource study of the study area to determine the suitability
and feasibility of establishing the John P. Parker House in
Ripley, Ohio, as a unit of the National Park System.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study
area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National
Park System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities,
or private and nonprofit organizations;
(D) consult with interested Federal agencies, State
or local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal
acquisition, development, interpretation, operation,
and maintenance associated with the alternatives
described in subparagraphs (B) and (C).
(3) Study requirements.--The Secretary shall conduct the
study in accordance with section 100507 of title 54, United
States Code.
(4) Report.--Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes--
(A) the results of the study; and
(B) any recommendations of the Secretary.
SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the site known as ``Dearfield'', in Weld County, Colorado,
which was a historically black agricultural settlement founded by
Oliver Toussaint Jackson.
(b) Study.--
(1) In general.--The Secretary shall conduct a special
resource study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study
area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National
Park System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities,
or private and nonprofit organizations;
(D) consult with interested Federal agencies, State
or local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal
acquisition, development, interpretation, operation,
and maintenance associated with the alternatives
described in subparagraphs (B) and (C).
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(c) Report.--Not later than 3 years after the date on which funds
are first made available to carry out the study under subsection
(b)(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 633. SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.
(a) Definition of Study Area.--In this section, the term ``study
area'' means sites within approximately 100 miles of Memphis,
Tennessee, at which lynchings took place, including the lynching sites
of--
(1) Wash Henley in 1869;
(2) Christopher Bender and Bud Whitfield in 1868;
(3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892
during the event referred to as ``The People's Grocery
Lynchings'';
(4) Lee Walker in 1893;
(5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward
Hall, John Hayes, and Graham White in 1894;
(6) Ell Persons in 1917;
(7) Jesse Lee Bond in 1939; and
(8) Elbert Williams in 1940.
(b) Study.--The Secretary shall conduct a special resource study of
the study area.
(c) Contents.--In conducting the special resource study under
subsection (b), the Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private and
nonprofit organizations;
(4) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested persons; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(d) Applicable Law.--The special resource study required under
subsection (b) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(e) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report that describes--
(1) the results of the special resource study required
under subsection (b); and
(2) any recommendations of the Secretary.
SEC. 634. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the coastline and adjacent areas to the Santa Monica Bay
from Will Rogers State Beach to Torrance Beach, including the areas in
and around Ballona Creek and the Baldwin Hills and the San Pedro
section of the City of Los Angeles, excluding the Port of Los Angeles
north of Crescent Avenue.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study
area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National
Park System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities,
or private and nonprofit organizations;
(D) consult with interested Federal agencies, State
or local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal
acquisition, development, interpretation, operation,
and maintenance associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report that
describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the
Secretary.
Subtitle D--National Park Service Programs
SEC. 641. ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF HISTORIC
PRESERVATION TRAINING CENTER.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Historic
Preservation Training Center and related facilities of the
National Park Service in Frederick County, Maryland.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Authorization of Acquisition.--To further develop the Center in
accordance with section 305306 of title 54, United States Code, the
Secretary may acquire not more than 20 acres of land or interests in
land in Frederick County, Maryland, for the Center for the purpose of
supporting the physical space, program initiatives, and workforce
development capacity of the Center.
(c) Method of Acquisition.--Land or an interest in land for the
Center may only be acquired under subsection (b) by donation, transfer,
exchange, or purchase from a willing seller using donated or
appropriated funds.
(d) Administration of Acquired Land.--On acquisition of land or an
interest in land for the Center under subsection (b), the acquired land
or interest in land shall be administered by the Secretary for the
purpose described in subsection (b).
SEC. 642. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS'
SPECIAL EVENTS.
(a) Definitions.--In this section:
(1) Member of a gold star family.--The term ``member of a
Gold Star Family'' means any individual that meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).
(2) Special events.--The term ``special events'' has the
meaning given the term in section 7.96(g)(1) of title 36, Code
of Federal Regulations (or a successor regulation).
(3) The district of columbia and its environs.--The term
``the District of Columbia and its environs'' has the meaning
given the term in section 8902(a) of title 40, United States
Code.
(4) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(5) Veterans' special event.--The term ``veterans' special
event'' means a special event at which the majority of
attendees are veterans or members of Gold Star Families.
(6) War memorial.--The term ``war memorial'' means any
memorial or monument that has been erected or dedicated to
commemorate a military unit, military group, war, conflict,
victory, or peace.
(b) Waiver.--The application fee for any application for a special
use permit, the sole purpose of which is to hold a veterans' special
event at a war memorial on land administered by the National Park
Service in the District of Columbia and its environs, shall be waived.
(c) Applicability of Existing Laws.--Notwithstanding subsection
(b), an applicant for a special use permit described in that subsection
shall be subject to any other law (including regulations) or policy
applicable to the application, issuance, or execution of the special
use permit.
(d) Applicability.--This section shall apply to any special use
permit application submitted after the date of enactment of this Act.
SEC. 643. UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION
PROGRAM.
(a) Establishment.--Subdivision 1 of division B of subtitle III of
title 54, United States Code, is amended by inserting after chapter
3085 the following:
``CHAPTER 3086--UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS
PRESERVATION PROGRAM
``Sec.
``308601. Definitions.
``308602. United States African-American Burial Grounds Preservation
Program.
``308603. Authority to make grants.
``308604. Cooperative agreements and memoranda of understanding.
``308605. Private property protection.
``Sec. 308601. Definitions
``In this chapter:
``(1) Burial ground.--The term `burial ground' means any
natural or prepared physical location, whether originally
below, on, or above the surface of the earth, into which human
remains are deposited as a part of the death rite or ceremony
of a culture.
``(2) Historic.--The term `historic', with respect to a
property, means a property that can reasonably be considered to
date back at least 50 years.
``(3) Program.--The term `Program' means the United States
African-American Burial Grounds Preservation Program
established under section 308602(a).
``Sec. 308602. United States African-American Burial Grounds
Preservation Program
``(a) In General.--The Secretary shall establish within the
Service, in accordance with this chapter, a program to be known as the
`United States African-American Burial Grounds Preservation Program'.
``(b) Duties of Secretary.--In carrying out the Program, the
Secretary, in consultation with the National Trust for Historic
Preservation and members of the African-American heritage community,
shall develop a program for the provision of grants in accordance with
section 308603(a).
``(c) Donations.--The Secretary may accept monetary donations to
further the purposes of this chapter.
``(d) Consent of Private Property Owner Required.--Burial grounds
shall only be considered for a grant under the Program--
``(1) with the consent of the property owner; and
``(2) at the request of an individual, landowner, private
or nonprofit organization, State, Tribal, or local government,
or other entity.
``Sec. 308603. Authority to make grants
``(a) In General.--The Secretary may make grants to other Federal
agencies, State, local, and Tribal governments, other public entities,
educational institutions, historic preservation groups, and private
nonprofit organizations in accordance with this chapter for--
``(1) the identification of historic African-American
burial grounds that may qualify for the Program;
``(2) the preservation and restoration of African-American
burial grounds;
``(3) the interpretation of African-American burial
grounds; and
``(4) related research and documentation for historic
African-American burial grounds.
``(b) Funding.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out this section $3,000,000 for each
of fiscal years 2023 through 2027.
``(2) Availability.--Any amounts made available for a
fiscal year under paragraph (1) that are not used during that
fiscal year shall be available for use under this section
during any subsequent fiscal year.
``Sec. 308604. Cooperative agreements and memoranda of understanding
``The Secretary may enter into cooperative agreements and memoranda
of understanding with, and provide technical assistance to, the heads
of other Federal agencies, States, units of local government, Tribal
governments, regional governmental bodies, nonprofit organizations,
educational institutions, and private entities--
``(1) to achieve the purposes of this chapter; and
``(2) to ensure effective coordination of the Federal
elements and non-Federal elements provided a grant or other
assistance under the Program with System units and programs of
the Service.
``Sec. 308605. Private property protection
``Nothing in this chapter--
``(1) authorizes the Secretary to require or affect the
management or use of private property without the written
consent of the owner of the private property;
``(2) prohibits the Secretary from providing land
management guidance or requirements relating to private
property as a condition of a grant provided to the owner of the
private property under this chapter; or
``(3) shall be construed as creating any new regulatory
burden on any Federal, State, Tribal, or private entity.''.
(b) Clerical Amendment.--The table of chapters for title 54, United
States Code, is amended by inserting after the item relating to chapter
3085 the following:
``3086. United States African-American Burial Grounds 308601''.
Preservation Program.
SEC. 644. NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT EDUCATION
GRANTS.
Public Law 109-441 (120 Stat. 3289) is amended--
(1) in section 2, by adding at the end the following:
``(4) Japanese american confinement education grants.--The
term `Japanese American Confinement Education Grants' means
competitive grants, awarded through the Japanese American
Confinement Sites Program, for Japanese American organizations
to educate individuals, including through the use of digital
resources, in the United States on the historical importance of
Japanese American confinement during World War II, so that
present and future generations may learn from Japanese American
confinement and the commitment of the United States to equal
justice under the law.
``(5) Japanese american organization.--The term `Japanese
American organization' means a private nonprofit organization
within the United States established to promote the
understanding and appreciation of the ethnic and cultural
diversity of the United States by illustrating the Japanese
American experience throughout the history of the United
States.''; and
(2) in section 4--
(A) by inserting ``(a) In General.--'' before
``There are authorized'';
(B) by striking ``$38,000 ,000'' and inserting
``$80,000,000''; and
(C) by adding at the end the following:
``(b) Japanese American Confinement Education Grants.--
``(1) In general.--Of the amounts made available under this
section, not more than $10,000,000 shall be awarded as Japanese
American Confinement Education Grants to Japanese American
organizations. Such competitive grants shall be in an amount
not less than $750,000 and the Secretary shall give priority
consideration to Japanese American organizations with fewer
than 100 employees.
``(2) Matching requirement.--
``(A) Fifty percent.--Except as provided in
subparagraph (B), for funds awarded under this
subsection, the Secretary shall require a 50 percent
match with non-Federal assets from non-Federal sources,
which may include cash or durable goods and materials
fairly valued, as determined by the Secretary.
``(B) Waiver.--The Secretary may waive all or part
of the matching requirement under subparagraph (A), if
the Secretary determines that--
``(i) no reasonable means are available
through which an applicant can meet the
matching requirement; and
``(ii) the probable benefit of the project
funded outweighs the public interest in the
matching requirement.''.
SEC. 645. JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.
(a) Establishment.--The Secretary shall establish, within the
National Park Service, a program to be known as the ``Japanese American
World War II History Network'' (referred to in this section as the
``Network'').
(b) Duties of Secretary.--In carrying out the Network, the
Secretary shall--
(1) review studies and reports to complement and not
duplicate studies of Japanese American World War II history and
Japanese American experiences during World War II, including
studies related to relocation centers and confinement sites,
that are underway or completed;
(2) produce and disseminate appropriate educational
materials, such as handbooks, maps, interpretive guides, or
electronic information relating to Japanese American World War
II history and Japanese American experiences during the war,
including relocation centers and confinement sites;
(3) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d); and
(4)(A) create and adopt an official, uniform symbol or
device for the Network; and
(B) issue regulations for the use of the symbol or device
adopted under subparagraph (A).
(c) Elements.--The Network shall encompass the following elements:
(1) All units and programs of the National Park Service
that are determined by the Secretary to relate to Japanese
American World War II history and Japanese American experiences
during the war, including relocation centers and confinement
sites.
(2) With the consent of the property owner, other Federal,
State, local, Tribal, and privately owned properties that--
(A) relate to Japanese American World War II
history and Japanese experiences during the war,
including relocation centers and confinement sites;
(B) have a verifiable connection to Japanese
American World War II history and Japanese experiences
during the war, including relocation and confinement
sites; and
(C) are included in, or determined by the Secretary
to be eligible for inclusion in, the National Register
of Historic Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to Japanese American World War II
history and the experiences of Japanese Americans during the
war, including relocation centers and confinement sites.
(d) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this section and to ensure effective
coordination of the Federal and non-Federal elements of the Network
described in subsection (c) with units of the National Park System and
programs of the National Park Service, including the Japanese American
Confinement Sites Program, the Secretary may enter into cooperative
agreements and memoranda of understanding with, and provide technical
assistance to, the heads of other Federal agencies, States, units of
local government, Indian Tribes, regional governmental bodies, and
private entities.
(e) Sunset.--The authority of the Secretary under this section
shall expire 7 years after the date of enactment of this Act.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK
FOUNDATION.
Section 101122(a) of title 54, United States Code, is amended--
(1) by striking ``$5,000,000'' and inserting
``$15,000,000''; and
(2) by striking ``2023'' and inserting ``2030''.
TITLE VII--COMMEMORATIVE WORKS AND NATIONAL MEMORIALS
SEC. 701. DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL
AS A NATIONAL MEMORIAL.
(a) Congressional Recognition.--Congress--
(1) recognizes the significance of the Kol Israel
Foundation Holocaust Memorial in preserving the memory of the
6,000,000 Jews murdered by the Nazi regime and allies and
collaborators of the Nazi regime; and
(2) honors the life and legacy of the Holocaust survivors
who erected the Kol Israel Foundation Holocaust Memorial.
(b) Designation.--
(1) In general.--The Kol Israel Foundation Holocaust
Memorial located in Bedford Heights, Ohio, is designated as a
national memorial.
(2) Effect of designation.--
(A) In general.--The national memorial designated
by paragraph (1) is not a unit of the National Park
System.
(B) Use of federal funds.--The designation of the
national memorial by paragraph (1) shall not require or
permit Federal funds to be expended for any purpose
relating to the national memorial.
SEC. 702. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE
THE COMMITMENT AND SERVICE REPRESENTED BY WOMEN WHO
WORKED ON THE HOME FRONT DURING WORLD WAR II.
(a) In General.--The Women Who Worked on the Home Front Foundation
may establish a commemorative work on Federal land in the District of
Columbia and its environs to commemorate the commitment and service
represented by women who worked on the home front during World War II.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of women who worked on the home front
foundation.--The Women Who Worked on the Home Front Foundation
shall be solely responsible for acceptance of contributions
for, and payment of the expenses of, the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Women Who Worked on the Home Front
Foundation shall transmit the amount of the balance to the
Secretary for deposit in the account provided for in section
8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work, the
Women Who Worked on the Home Front Foundation shall transmit
the amount of the balance to a separate account with the
National Park Foundation for memorials, to be available to the
Secretary or Administrator of General Services, as appropriate,
in accordance with the process provided in paragraph (4) of
section 8906(b) of that title for accounts established under
paragraph (2) or (3) of that section.
SEC. 703. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL LIBERTY
MEMORIAL COMMEMORATIVE WORK.
Notwithstanding section 8903(e) of title 40, United States Code,
the authority provided by section 2860 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112-
239; 126 Stat. 2164; 40 U.S.C. 8903 note) shall continue to apply
through September 30, 2027.
SEC. 704. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE
THE HEROIC DEEDS AND SACRIFICES OF SERVICE ANIMALS AND
HANDLERS OF SERVICE ANIMALS IN THE UNITED STATE.
(a) In General.--The National Service Animals Monument Corporation
(referred to in this section as the ``Corporation'') may establish a
commemorative work on Federal land in the District of Columbia and its
environs to commemorate the heroic deeds and sacrifices of service
animals and handlers of service animals in the United States.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the national service animals monument
corporation.--The Corporation shall be solely responsible for
the acceptance of contributions for, and payment of the
expenses of, the establishment of the commemorative work under
this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Corporation shall transmit the
amount of the balance to the Secretary for deposit in the
account provided for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work under
this section, the Corporation shall transmit the amount of the
balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary or the
Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of
section 8906(b) of that title for accounts established under
paragraph (2) or (3) of that section.
SEC. 705. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO HONOR JEAN
MONNET.
(a) In General.--The Embassy of France in Washington, DC (referred
to in this section as the ``Embassy''), may establish a commemorative
work on Federal land in the District of Columbia and its environs to
honor the extraordinary contributions of Jean Monnet with respect to--
(1) restoring peace between European nations; and
(2) establishing the European Union.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the embassy of france in washington,
dc.--The Embassy shall be solely responsible for the acceptance
of contributions for, and payment of the expenses of, the
establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Embassy shall transmit the amount
of the balance to the Secretary for deposit in the account
provided for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work, the
Embassy shall transmit the amount of the balance to a separate
account with the National Park Foundation for memorials, to be
available to the Secretary or the Administrator of General
Services, as appropriate, in accordance with the process
provided in paragraph (4) of section 8906(b) of that title for
accounts established under paragraph (2) or (3) of that
section.
SEC. 706. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL
MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta Drive,
El Paso, Texas, is designated as the ``El Paso Community Healing Garden
National Memorial''.
(b) Effect of Designation.--The national memorial designated by
this section is not a unit of the National Park System and the
designation of the El Paso Community Healing Garden National Memorial
shall not require or authorize Federal funds to be expended for any
purpose related to that national memorial.
SEC. 707. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE
THE ENSLAVED INDIVIDUALS WHO ENDURED THE MIDDLE PASSAGE.
(a) In General.--The Georgetown African American Historic Landmark
Project and Tour may establish a commemorative work on Federal land in
the District of Columbia and its environs to commemorate the enslaved
individuals, the identities of whom may be known or unknown, who
endured the Middle Passage.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the georgetown african american
historic landmark project and tour.--The Georgetown African
American Historic Landmark Project and Tour shall be solely
responsible for the acceptance of contributions for, and
payment of the expenses of, the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Georgetown African American
Historic Landmark Project and Tour shall transmit the amount of
the balance to the Secretary for deposit in the account
provided for section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work, the
Georgetown African American Historic Landmark Project and Tour
shall transmit the amount of the balance to a separate account
with the National Park Foundation for memorials, to be
available to the Secretary or the Administrator of General
Services, as appropriate, in accordance with the process
provided in paragraph (4) of section 8906(b) of that title for
accounts established under paragraph (2) or (3) of that
section.
SEC. 708. APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO HONOR
JOURNALISTS WHO SACRIFICED THEIR LIVES IN SERVICE TO A
FREE PRESS.
The location of a commemorative work to commemorate the commitment
of the United States to a free press by honoring journalists who
sacrificed their lives in service to that cause within Area I, as
depicted on the map entitled ``Commemorative Areas Washington, DC and
Environs'', numbered 869/86501 B, and dated June 24, 2003, is approved.
SEC. 709. AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK.
(a) In General.--The Thomas Paine Memorial Association may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor the United States patriot, Thomas
Paine.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--Federal funds may not
be used to pay any expense of the establishment of the commemorative
work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Thomas Paine Memorial Association
shall transmit the amount of the balance to the Secretary for
deposit in the account provided for in section 8906(b)(3) of
that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work, the
Thomas Paine Memorial Association shall transmit the amount of
the balance to a separate account with the National Park
Foundation for memorials, to be available to the Secretary or
the Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of
section 8906(b) of that title for accounts established under
paragraphs (2) and (3) of that section.
SEC. 710. DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.
(a) Designation.--
(1) In general.--The area described in paragraph (2) shall
be designated as ``Ukrainian Independence Park''.
(2) Description of area.--The area designated under
paragraph (1) is the approximately 0.35 acres generally
depicted as ``Ukrainian Independence Park'' on the map entitled
``Ukrainian Independence Park Proposed Boundary'', numbered
802/180,561, and dated June 2022.
(b) Reference.--Any reference in any law, regulation, document,
record, map, paper, or other record of the United States to the area or
properties described in subsection (a) is deemed to be a reference to
``Ukrainian Independence Park''.
(c) Signage.--The Secretary may post signs on or near Ukrainian
Independence Park that include information on the importance of the
independence, freedom, and sovereignty of Ukraine and the solidarity
between the people of Ukraine and the United States.
TITLE VIII--MISCELLANEOUS
SEC. 801. LONG-TERM ABANDONED MINE LAND RECLAMATION.
Section 40701(c) of the Infrastructure Investment and Jobs Act (30
U.S.C. 1231a(c)) is amended--
(1) by striking ``Grants under'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
grants under''; and
(2) by adding at the end the following:
``(2) Long-term abandoned mine land reclamation.--
``(A) In general.--Not more than 30 percent of the
total amount of a grant made annually under subsection
(b)(1) may be retained by the recipient of the grant if
those amounts are deposited into a long-term abandoned
mine land reclamation fund established under State law,
from which amounts (together with all interest earned
on the amounts) are expended by the State or Indian
Tribe, as applicable, for--
``(i) the abatement of the causes and the
treatment of the effects of acid mine drainage
resulting from coal mining practices, including
for the costs of building, operating,
maintaining, and rehabilitating acid mine
drainage treatment systems;
``(ii) the prevention, abatement, and
control of subsidence; or
``(iii) the prevention, abatement, and
control of coal mine fires.
``(B) Reporting requirements.--Each recipient of a
grant under subsection (b)(1) that deposits grant
amounts into a long-term abandoned mine land
reclamation fund under subparagraph (A) shall--
``(i) offer amendments to the inventory
maintained under section 403(c) of the Surface
Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to reflect the use of the
amounts for--
``(I) acid mine drainage abatement
and treatment;
``(II) subsidence prevention,
abatement, and control; and
``(III) coal mine fire prevention,
abatement, and control; and
``(ii) include in the annual grant report
of the recipient information on the status and
balance of amounts in the long-term abandoned
mine land reclamation fund.
``(C) Term.--Amounts retained under subparagraph
(A) shall not be subject to--
``(i) subsection (d)(4)(B); or
``(ii) any other limitation on the length
of the term of an annual grant under subsection
(b)(1).''.
SEC. 802. CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF THE
STATE OF NEW MEXICO.
Congress consents to the amendment to the Constitution of the State
of New Mexico proposed by House Joint Resolution 1 of the 55th
Legislature of the State of New Mexico, First Session, 2021, entitled
``A Joint Resolution Proposing an Amendment to Article 12, Section 7 of
the Constitution of New Mexico to Provide for Additional Annual
Distributions of the Permanent School Fund for Enhanced Instruction for
Students at Risk of Failure, Extending the School Year, Teacher
Compensation and Early Childhood Education; Requiring Congressional
Approval for Distributions for Early Childhood Education''.
DIVISION EE--POST OFFICE DESIGNATIONS
SEC. 101. COYA KNUTSON POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 202 2nd Avenue in Oklee, Minnesota, shall be known and
designated as the ``Coya Knutson Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Coya
Knutson Post Office''.
SEC. 102. ROBERT SMALLS POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 11 Robert Smalls Parkway Suite C in Beaufort, South
Carolina, shall be known and designated as the ``Robert Smalls Post
Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Robert
Smalls Post Office''.
SEC. 103. ROBERT J. DOLE MEMORIAL POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 135 West Wisconsin Street in Russell, Kansas, shall be known
and designated as the ``Robert J. Dole Memorial Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Robert J.
Dole Memorial Post Office Building''.
SEC. 104. CHARLES E. FRASER POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 10 Bow Circle in Hilton Head Island, South Carolina, shall
be known and designated as the ``Charles E. Fraser Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Charles E.
Fraser Post Office Building''.
SEC. 105. HARRIET TUBMAN POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 501 Charles Street in Beaufort, South Carolina, shall be
known and designated as the ``Harriet Tubman Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Harriet
Tubman Post Office Building''.
SEC. 106. CORPORAL BENJAMIN DESILETS POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 114 North Magnolia Street in Elmwood, Illinois, shall be
known and designated as the ``Corporal Benjamin Desilets Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Corporal
Benjamin Desilets Post Office''.
SEC. 107. SGT. JEREMY C. SHERMAN POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 101 West Walnut Street in Watseka, Illinois, shall be known
and designated as the ``Sgt. Jeremy C. Sherman Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Sgt.
Jeremy C. Sherman Post Office Building''.
SEC. 108. SERGEANT BRET D. ISENHOWER MEMORIAL POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 120 East Oak Avenue in Seminole, Oklahoma, shall be known
and designated as the ``Sergeant Bret D. Isenhower Memorial Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Sergeant
Bret D. Isenhower Memorial Post Office Building''.
SEC. 109. COTTLE CENTANNI POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 4770 Eureka Avenue in Yorba Linda, California, shall be
known and designated as the ``Cottle Centanni Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Cottle
Centanni Post Office Building''.
SEC. 110. CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R. PEIRSON POST
OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall
be known and designated as the ``Captain Robert C. Harmon and Private
John R. Peirson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Captain
Robert C. Harmon and Private John R. Peirson Post Office Building''.
SEC. 111. CORPORAL MITCHELL RED CLOUD, JR. POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 619 Hewett Street in Neillsville, Wisconsin, shall be known
and designated as the ``Corporal Mitchell Red Cloud, Jr. Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Corporal
Mitchell Red Cloud, Jr. Post Office''.
SEC. 112. CORPORAL JOSEPH RODNEY CHAPMAN POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 415 High Street in Freeport, Pennsylvania, shall be known
and designated as the ``Corporal Joseph Rodney Chapman Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Corporal
Joseph Rodney Chapman Post Office''.
SEC. 113. HAROLD BILLOW POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 1 East Main Street in Mount Joy, Pennsylvania, shall be
known and designated as the ``Harold Billow Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Harold
Billow Post Office Building''.
SEC. 114. ROMUALD ``BUD'' BRZEZINSKI POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at N4805 State Highway 32 in Krakow, Wisconsin, shall be known
and designated as the ``Romuald `Bud' Brzezinski Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Romuald
`Bud' Brzezinski Post Office''.
SEC. 115. MITCHELL F. LUNDGAARD POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 410 Franklin Street in Appleton, Wisconsin, shall be known
and designated as the ``Mitchell F. Lundgaard Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Mitchell
F. Lundgaard Post Office Building''.
SEC. 116. JUDGE JAMES PEREZ POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 615 North Bush Street in Santa Ana, California, shall be
known and designated as the ``Judge James Perez Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Judge
James Perez Post Office''.
SEC. 117. CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.
Section 1 of Public Law 116-80 is amended to read as follows:
``SECTION 1. MARILYN MONROE POST OFFICE BUILDING.
``(a) Designation.--The facility of the United States Postal
Service located at 15701 Sherman Way in Van Nuys, California, shall be
known and designated as the `Marilyn Monroe Post Office Building'.
``(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference to the
`Marilyn Monroe Post Office Building'.''.
SEC. 118. JESUS ANTONIO COLLAZOS POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 2200 North George Mason Drive in Arlington, Virginia, shall
be known and designated as the ``Jesus Antonio Collazos Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Jesus
Antonio Collazos Post Office Building''.
SEC. 119. ESTEBAN E. TORRES POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 396 South California Avenue in West Covina, California,
shall be known and designated as the ``Esteban E. Torres Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Esteban E.
Torres Post Office Building''.
SEC. 120. DISTRICT OF COLUMBIA SERVICEMEMBERS AND VETERANS POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 400 Southern Avenue Southeast in Washington, District of
Columbia, shall be known and designated as the ``District of Columbia
Servicemembers and Veterans Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``District
of Columbia Servicemembers and Veterans Post Office''.
SEC. 121. ARMY SPECIALIST JOSEPH ``JOEY'' W. DIMOCK II POST OFFICE
BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 75 Commerce Drive in Grayslake, Illinois, shall be known and
designated as the ``Army Specialist Joseph `Joey' W. Dimock II Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Army
Specialist Joseph `Joey' W. Dimock II Post Office Building''.
SEC. 122. CORPORAL HUNTER LOPEZ MEMORIAL POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 79125 Corporate Centre Drive in La Quinta, California, shall
be known and designated as the ``Corporal Hunter Lopez Memorial Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Corporal
Hunter Lopez Memorial Post Office Building''.
SEC. 123. CHIEF RUDY BANUELOS POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 123 South 3rd Street in King City, California, shall be
known and designated as the ``Chief Rudy Banuelos Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Chief Rudy
Banuelos Post Office''.
SEC. 124. CHAIRMAN RICHARD MILANOVICH POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 333 North Sunrise Way in Palm Springs, California, shall be
known and designated as the ``Chairman Richard Milanovich Post
Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Chairman
Richard Milanovich Post Office''.
SEC. 125. U.S. SENATOR DENNIS CHAVEZ POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 400 North Main Street in Belen, New Mexico, shall be known
and designated as the ``U.S. Senator Dennis Chavez Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``U.S.
Senator Dennis Chavez Post Office''.
DIVISION FF--HEALTH AND HUMAN SERVICES
SEC. 1. SHORT TITLE.
This division may be cited as the ``Health Extenders, Improving
Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health
Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION FF--HEALTH AND HUMAN SERVICES
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
Sec. 1001. Short title.
Subtitle A--Mental Health and Crisis Care Needs
Chapter 1--Crisis Care Services and 9-8-8 Implementation
Sec. 1101. Behavioral Health Crisis Coordinating Office.
Sec. 1102. Crisis response continuum of care.
Sec. 1103. Suicide Prevention Lifeline Improvement.
Chapter 2--Into the Light for Maternal Mental Health and Substance Use
Disorders
Sec. 1111. Screening and treatment for maternal mental health and
substance use disorders.
Sec. 1112. Maternal mental health hotline.
Sec. 1113. Task force on maternal mental health.
Sec. 1114. Residential treatment program for pregnant and postpartum
women pilot program reauthorization.
Chapter 3--Reaching Improved Mental Health Outcomes for Patients
Sec. 1121. Innovation for mental health.
Sec. 1122. Crisis care coordination.
Sec. 1123. Treatment of serious mental illness.
Sec. 1124. Study on the costs of serious mental illness.
Chapter 4--Anna Westin Legacy
Sec. 1131. Maintaining education and training on eating disorders.
Chapter 5--Community Mental Health Services Block Grant Reauthorization
Sec. 1141. Reauthorization of block grants for community mental health
services.
Chapter 6--Peer-Supported Mental Health Services
Sec. 1151. Peer-supported mental health services.
Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
Services
Chapter 1--Native Behavioral Health Resources
Sec. 1201. Behavioral health and substance use disorder resources for
Native Americans.
Chapter 2--Summer Barrow Prevention, Treatment, and Recovery
Sec. 1211. Grants for the benefit of homeless individuals.
Sec. 1212. Priority substance use disorder treatment needs of regional
and national significance.
Sec. 1213. Evidence-based prescription opioid and heroin treatment and
interventions demonstration.
Sec. 1214. Priority substance use disorder prevention needs of regional
and national significance.
Sec. 1215. Sober Truth on Preventing (STOP) Underage Drinking
Reauthorization.
Sec. 1216. Grants for jail diversion programs.
Sec. 1217. Formula grants to States.
Sec. 1218. Projects for Assistance in Transition From Homelessness.
Sec. 1219. Grants for reducing overdose deaths.
Sec. 1220. Opioid overdose reversal medication access and education
grant programs.
Sec. 1221. Emergency department alternatives to opioids.
Chapter 3--Excellence in Recovery Housing
Sec. 1231. Clarifying the role of SAMHSA in promoting the availability
of high-quality recovery housing.
Sec. 1232. Developing guidelines for States to promote the availability
of high-quality recovery housing.
Sec. 1233. Coordination of Federal activities to promote the
availability of recovery housing.
Sec. 1234. National Academies of Sciences, Engineering, and Medicine
study and report.
Sec. 1235. Grants for States to promote the availability of recovery
housing and services.
Sec. 1236. Funding.
Sec. 1237. Technical correction.
Chapter 4--Substance Use Prevention, Treatment, and Recovery Services
Block Grant
Sec. 1241. Eliminating stigmatizing language relating to substance use.
Sec. 1242. Authorized activities.
Sec. 1243. State plan requirements.
Sec. 1244. Updating certain language relating to Tribes.
Sec. 1245. Block grants for substance use prevention, treatment, and
recovery services.
Sec. 1246. Requirement of reports and audits by States.
Sec. 1247. Study on assessment for use of State resources.
Chapter 5--Timely Treatment for Opioid Use Disorder
Sec. 1251. Study on exemptions for treatment of opioid use disorder
through opioid treatment programs during
the COVID-19 public health emergency.
Sec. 1252. Changes to Federal opioid treatment standards.
Chapter 6--Additional Provisions Relating to Addiction Treatment
Sec. 1261. Prohibition.
Sec. 1262. Eliminating additional requirements for dispensing narcotic
drugs in schedule III, IV, and V for
maintenance or detoxification treatment.
Sec. 1263. Requiring prescribers of controlled substances to complete
training.
Sec. 1264. Increase in number of days before which certain controlled
substances must be administered.
Chapter 7--Opioid Crisis Response
Sec. 1271. Opioid prescription verification.
Sec. 1272. Synthetic opioid and emerging drug misuse danger awareness.
Sec. 1273. Grant program for State and Tribal response to opioid use
disorders.
Subtitle C--Access to Mental Health Care and Coverage
Chapter 1--Improving Uptake and Patient Access to Integrated Care
Services
Sec. 1301. Improving uptake and patient access to integrated care
services.
Chapter 2--Helping Enable Access to Lifesaving Services
Sec. 1311. Reauthorization and provision of certain programs to
strengthen the health care workforce.
Sec. 1312. Reauthorization of minority fellowship program.
Chapter 3--Eliminating the Opt-Out for Nonfederal Governmental Health
Plans
Sec. 1321. Eliminating the opt-out for nonfederal governmental health
plans.
Chapter 4--Mental Health and Substance Use Disorder Parity
Implementation
Sec. 1331. Grants to support mental health and substance use disorder
parity implementation.
Subtitle D--Children and Youth
Chapter 1--Supporting Children's Mental Health Care Access
Sec. 1401. Technical assistance for school-based health centers.
Sec. 1402. Infant and early childhood mental health promotion,
intervention, and treatment.
Sec. 1403. Co-occurring chronic conditions and mental health in youth
study.
Sec. 1404. Best practices for behavioral and mental health intervention
teams.
Chapter 2--Continuing Systems of Care for Children
Sec. 1411. Comprehensive Community Mental Health Services for Children
with Serious Emotional Disturbances.
Sec. 1412. Substance Use Disorder Treatment and Early Intervention
Services for Children and Adolescents.
Chapter 3--Garrett Lee Smith Memorial Reauthorization
Sec. 1421. Suicide prevention technical assistance center.
Sec. 1422. Youth suicide early intervention and prevention strategies.
Sec. 1423. Mental health and substance use disorder services for
students in higher education.
Sec. 1424. Mental and behavioral health outreach and education at
institutions of higher education.
Chapter 4--Media and Mental Health
Sec. 1431. Study on the effects of smartphone and social media use on
adolescents.
Sec. 1432. Research on the health and development effects of media and
related technology on infants, children,
and adolescents.
Subtitle E--Miscellaneous Provisions
Sec. 1501. Limitations on authority.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING
NEW THREATS, AND PANDEMICS
Sec. 2001. Short title.
Subtitle A--Strengthening Federal and State Preparedness
Chapter 1--Federal Leadership and Accountability
Sec. 2101. Appointment and authority of the Director of the Centers for
Disease Control and Prevention.
Sec. 2102. Advisory committee to the director of the centers for
disease control and prevention.
Sec. 2103. Public health and medical preparedness and response
coordination.
Sec. 2104. Office of Pandemic Preparedness and Response Policy.
Chapter 2--State and Local Readiness
Sec. 2111. Improving State and local public health security.
Sec. 2112. Supporting access to mental health and substance use
disorder services during public health
emergencies.
Sec. 2113. Trauma care reauthorization.
Sec. 2114. Assessment of containment and mitigation of infectious
diseases.
Sec. 2115. Consideration of unique challenges in noncontiguous States
and territories.
Subtitle B--Improving Public Health Preparedness and Response Capacity
Chapter 1--Improving Public Health Emergency Responses
Sec. 2201. Addressing factors related to improving health outcomes.
Chapter 2--Improving State, Local, and Tribal Public Health Data
Sec. 2211. Modernizing State, local, and Tribal biosurveillance
capabilities and infectious disease data.
Sec. 2212. Genomic sequencing, analytics, and public health
surveillance of pathogens.
Sec. 2213. Supporting State, local, and Tribal public health data.
Sec. 2214. Epidemic forecasting and outbreak analytics.
Sec. 2215. Public health data transparency.
Sec. 2216. GAO report on public health preparedness, response, and
recovery data capabilities.
Chapter 3--Revitalizing the Public Health Workforce
Sec. 2221. Improving recruitment and retention of the frontline public
health workforce.
Sec. 2222. Awards to support community health workers and community
health.
Sec. 2223. Improving public health emergency response capacity.
Sec. 2224. Increasing educational opportunities for allied health
professions.
Sec. 2225. Public Health Service Corps annual and sick leave.
Sec. 2226. Leadership exchange pilot for public health and medical
preparedness and response positions at the
Department of Health and Human Services.
Sec. 2227. Continuing educational support for health professionals
serving in rural and underserved
communities.
Chapter 4--Enhancing Public Health Preparedness and Response
Sec. 2231. Centers for public health preparedness and response.
Sec. 2232. Vaccine distribution plans.
Sec. 2233. Coordination and collaboration regarding blood supply.
Sec. 2234. Supporting laboratory capacity and international
collaboration to address antimicrobial
resistance.
Sec. 2235. One Health framework.
Sec. 2236. Supporting children during public health emergencies.
Subtitle C--Accelerating Research and Countermeasure Discovery
Chapter 1--Fostering Research and Development and Improving
Coordination
Sec. 2301. Research centers for pathogens of pandemic concern.
Sec. 2302. Improving medical countermeasure research coordination.
Sec. 2303. Accessing specimen samples and diagnostic tests.
Sec. 2304. National Academies of Sciences, Engineering, and Medicine
study on natural immunity in relation to
the COVID-19 pandemic.
Chapter 2--Improving Biosafety and Biosecurity
Sec. 2311. Improving control and oversight of select biological agents
and toxins.
Sec. 2312. Strategy for Federal high-containment laboratories.
Sec. 2313. National Science Advisory Board for Biosecurity.
Sec. 2314. Research to improve biosafety.
Sec. 2315. Federally-funded research with enhanced pathogens of
pandemic potential.
Chapter 3--Preventing Undue Foreign Influence in Biomedical Research
Sec. 2321. Foreign talent recruitment programs.
Sec. 2322. Securing identifiable, sensitive information and addressing
other national security risks related to
research.
Sec. 2323. Duties of the Director.
Sec. 2324. Protecting America's biomedical research enterprise.
Sec. 2325. GAO Study.
Sec. 2326. Report on progress to address undue foreign influence.
Chapter 4--Advanced Research Projects Agency-Health
Sec. 2331. Advanced Research Projects Agency-Health.
Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
Medical Products
Sec. 2401. Warm base manufacturing capacity for medical
countermeasures.
Sec. 2402. Supply chain considerations for the Strategic National
Stockpile.
Sec. 2403. Strategic National Stockpile equipment maintenance.
Sec. 2404. Improving transparency and predictability of processes of
the Strategic National Stockpile.
Sec. 2405. Improving supply chain flexibility for the Strategic
National Stockpile.
Sec. 2406. Reimbursement for certain supplies.
Sec. 2407. Action reporting on stockpile depletion.
Sec. 2408. Provision of medical countermeasures to Indian programs and
facilities.
Sec. 2409. Grants for State strategic stockpiles.
Sec. 2410. Study on incentives for domestic production of generic
medicines.
Sec. 2411. Increased manufacturing capacity for certain critical
antibiotic drugs.
Subtitle E--Enhancing Development and Combating Shortages of Medical
Products
Chapter 1--Development and Review
Sec. 2501. Accelerating countermeasure development and review.
Sec. 2502. Third party test evaluation during emergencies.
Sec. 2503. Platform technologies.
Sec. 2504. Increasing EUA decision transparency.
Sec. 2505. Improving FDA guidance and communication.
Chapter 2--Mitigating Shortages
Sec. 2511. Ensuring registration of foreign drug and device
manufacturers.
Sec. 2512. Extending expiration dates for certain drugs.
Sec. 2513. Combating counterfeit devices.
Sec. 2514. Preventing medical device shortages.
Sec. 2515. Technical corrections.
TITLE III--FOOD AND DRUG ADMINISTRATION
Sec. 3001. Short title.
Sec. 3002. Definition.
Subtitle A--Reauthorizations
Sec. 3101. Reauthorization of the critical path public-private
partnership.
Sec. 3102. Reauthorization of the best pharmaceuticals for children
program.
Sec. 3103. Reauthorization of the humanitarian device exemption
incentive.
Sec. 3104. Reauthorization of the pediatric device consortia program.
Sec. 3105. Reauthorization of provision pertaining to drugs containing
single enantiomers.
Sec. 3106. Reauthorization of certain device inspections.
Sec. 3107. Reauthorization of orphan drug grants.
Sec. 3108. Reauthorization of reporting requirements related to pending
generic drug applications and priority
review applications.
Sec. 3109. Reauthorization of third-party review program.
Subtitle B--Drugs and Biologics
Chapter 1--Research, Development, and Competition Improvements
Sec. 3201. Prompt reports of marketing status by holders of approved
applications for biological products.
Sec. 3202. Improving the treatment of rare diseases and conditions.
Sec. 3203. Emerging technology program.
Sec. 3204. National Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing.
Sec. 3205. Public workshop on cell therapies.
Sec. 3206. Clarifications to exclusivity provisions for first
interchangeable biosimilar biological
products.
Sec. 3207. GAO report on nonprofit pharmaceutical organizations.
Sec. 3208. Rare disease endpoint advancement pilot program.
Sec. 3209. Animal testing alternatives.
Sec. 3210. Modernizing accelerated approval.
Sec. 3211. Antifungal research and development.
Sec. 3212. Advancing qualified infectious disease product innovation.
Sec. 3213. Advanced manufacturing technologies designation program.
Chapter 2--Transparency, Program Integrity, and Regulatory Improvements
Sec. 3221. Safer disposal of opioids.
Sec. 3222. Therapeutic equivalence evaluations.
Sec. 3223. Public docket on proposed changes to third-party vendors.
Sec. 3224. Enhancing access to affordable medicines.
Subtitle C--Medical Devices
Sec. 3301. Dual submission for certain devices.
Sec. 3302. Medical Devices Advisory Committee meetings.
Sec. 3303. GAO report on third-party review.
Sec. 3304. Certificates to foreign governments.
Sec. 3305. Ensuring cybersecurity of medical devices.
Sec. 3306. Bans of devices for one or more intended uses.
Sec. 3307. Third party data transparency.
Sec. 3308. Predetermined change control plans for devices.
Sec. 3309. Small business fee waiver.
Subtitle D--Infant Formula
Sec. 3401. Protecting infants and improving formula supply.
Subtitle E--Cosmetics
Sec. 3501. Short title.
Sec. 3502. Amendments to cosmetic requirements.
Sec. 3503. Enforcement and conforming amendments.
Sec. 3504. Records inspection.
Sec. 3505. Talc-containing cosmetics.
Sec. 3506. PFAS in cosmetics.
Sec. 3507. Sense of the Congress on animal testing.
Sec. 3508. Funding.
Subtitle F--Cross-Cutting Provisions
Chapter 1--Clinical Trial Diversity and Modernization
Sec. 3601. Diversity action plans for clinical studies.
Sec. 3602. Guidance on diversity action plans for clinical studies.
Sec. 3603. Public workshops to enhance clinical study diversity.
Sec. 3604. Annual summary report on progress to increase diversity in
clinical studies.
Sec. 3605. Public meeting on clinical study flexibilities initiated in
response to COVID-19 pandemic.
Sec. 3606. Decentralized clinical studies.
Sec. 3607. Modernizing clinical trials.
Chapter 2--Inspections
Sec. 3611. Device inspections.
Sec. 3612. Bioresearch monitoring inspections.
Sec. 3613. Improving Food and Drug Administration inspections.
Sec. 3614. GAO report on inspections of foreign establishments
manufacturing drugs.
Sec. 3615. Unannounced foreign facility inspections pilot program.
Sec. 3616. Enhancing coordination and transparency on inspections.
Sec. 3617. Enhancing transparency of drug facility inspection
timelines.
Chapter 3--Miscellaneous
Sec. 3621. Regulation of certain products as drugs.
Sec. 3622. Women's Health Research Roadmap.
Sec. 3623. Strategic workforce plan and report.
Sec. 3624. Enhancing Food and Drug Administration hiring authority for
scientific, technical, and professional
personnel.
Sec. 3625. Facilities management.
Sec. 3626. User fee program transparency and accountability.
Sec. 3627. Improving information technology systems of the Food and
Drug Administration.
Sec. 3628. Reporting on mailroom and Office of the Executive
Secretariat of the Food and Drug
Administration.
Sec. 3629. Facilitating the use of real world evidence.
Sec. 3630. Facilitating exchange of product information prior to
approval.
Sec. 3631. Streamlining blood donor input.
TITLE IV--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
Sec. 4101. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 4102. Extension of the Medicare-Dependent Hospital program.
Sec. 4103. Extension of add-on payments for ambulance services.
Subtitle B--Other Expiring Medicare Provisions
Sec. 4111. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 4112. Extension of support for physicians and other professionals
in adjusting to Medicare payment changes.
Sec. 4113. Advancing telehealth Beyond COVID-19.
Sec. 4114. Revised phase-in of Medicare clinical laboratory test
payment changes.
Subtitle C--Medicare Mental Health Provisions
Sec. 4121. Coverage of marriage and family therapist services and
mental health counselor services under part
B of the Medicare program.
Sec. 4122. Additional residency positions.
Sec. 4123. Improving mobile crisis care in Medicare.
Sec. 4124. Ensuring adequate coverage of outpatient mental health
services under the Medicare program.
Sec. 4125. Improvements to Medicare prospective payment system for
psychiatric hospitals and psychiatric
units.
Sec. 4126. Exception for physician wellness programs.
Sec. 4127. Consideration of safe harbor under the anti-kickback statute
for certain contingency management
interventions.
Sec. 4128. Provider outreach and reporting on certain behavioral health
integration services.
Sec. 4129. Outreach and reporting on opioid use disorder treatment
services furnished by opioid treatment
programs.
Sec. 4130. GAO study and report comparing coverage of mental health and
substance use disorder benefits and non-
mental health and substance use disorder
benefits.
Subtitle D--Other Medicare Provisions
Sec. 4131. Temporary inclusion of authorized oral antiviral drugs as
covered part D drug.
Sec. 4132. Restoration of CBO access to certain part D payment data.
Sec. 4133. Medicare coverage of certain lymphedema compression
treatment items.
Sec. 4134. Permanent in-home benefit for IVIG services.
Sec. 4135. Access to non-opioid treatments for pain relief.
Sec. 4136. Technical amendments to Medicare separate payment for
disposable negative pressure wound therapy
devices.
Sec. 4137. Extension of certain home health rural add-on payments.
Sec. 4138. Remedying election revocations relating to administration of
COVID-19 vaccines.
Sec. 4139. Payment rates for durable medical equipment under the
Medicare Program.
Sec. 4140. Extending Acute Hospital Care at Home waivers and
flexibilities.
Sec. 4141. Extension of pass-through status under the Medicare program
for certain devices impacted by COVID-19.
Sec. 4142. Increasing transparency for home health payments under the
Medicare program.
Sec. 4143. Waiver of cap on annual payments for nursing and allied
health education payments.
Subtitle E--Health Care Tax Provisions
Sec. 4151. Extension of safe harbor for absence of deductible for
telehealth.
Subtitle F--Offsets
Sec. 4161. Reduction of Medicare Improvement Fund.
Sec. 4162. Extension of adjustment to calculation of hospice cap amount
under Medicare.
Sec. 4163. Medicare direct spending reductions.
TITLE V--MEDICAID AND CHIP PROVISIONS
Subtitle A--Territories
Sec. 5101. Medicaid adjustments for the territories.
Subtitle B--Medicaid and CHIP Coverage
Sec. 5111. Funding extension of the Children's Health Insurance Program
and related provisions.
Sec. 5112. Continuous eligibility for children under Medicaid and CHIP.
Sec. 5113. Modifications to postpartum coverage under Medicaid and
CHIP.
Sec. 5114. Extension of Money Follows the Person Rebalancing
demonstration.
Sec. 5115. Extension of Medicaid protections against spousal
impoverishment for recipients of home and
community-based services.
Subtitle C--Medicaid and CHIP Mental Health
Sec. 5121. Medicaid and CHIP requirements for health screenings,
referrals, and case management services for
eligible juveniles in public institutions.
Sec. 5122. Removal of limitations on Federal financial participation
for inmates who are eligible juveniles
pending disposition of charges.
Sec. 5123. Requiring accurate, updated, and searchable provider
directories.
Sec. 5124. Supporting access to a continuum of crisis response services
under Medicaid and CHIP.
Subtitle D--Transitioning From Medicaid FMAP Increase Requirements
Sec. 5131. Transitioning from Medicaid FMAP increase requirements.
Subtitle E--Medicaid Improvement Fund
Sec. 5141. Medicaid improvement fund.
TITLE VI--HUMAN SERVICES
Sec. 6101. Jackie Walorski Maternal and Child Home Visiting
Reauthorization Act of 2022.
Sec. 6102. Extension of Temporary Assistance for Needy Families
Program.
Sec. 6103. 1-year extension of child and family services programs.
TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Restoring Hope for Mental Health
and Well-Being Act of 2022''.
Subtitle A--Mental Health and Crisis Care Needs
CHAPTER 1--CRISIS CARE SERVICES AND 9-8-8 IMPLEMENTATION
SEC. 1101. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by inserting after section 501A (42 U.S.C. 290aa-0)
the following:
``SEC. 501B. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
``(a) In General.--The Secretary shall establish, within the
Substance Abuse and Mental Health Services Administration, an office to
coordinate work relating to behavioral health crisis care across the
operating divisions and agencies of the Department of Health and Human
Services, including the Substance Abuse and Mental Health Services
Administration, the Centers for Medicare & Medicaid Services, and the
Health Resources and Services Administration, and external
stakeholders.
``(b) Duty.--The office established under subsection (a) shall--
``(1) convene Federal, State, Tribal, local, and private
partners;
``(2) launch and manage Federal workgroups charged with
making recommendations regarding issues related to mental
health and substance use disorder crises, including with
respect to health care best practices, workforce development,
health disparities, data collection, technology, program
oversight, public awareness, and engagement; and
``(3) support technical assistance, data analysis, and
evaluation functions in order to assist States, localities,
Territories, Indian Tribes, and Tribal organizations in
developing crisis care systems and identifying best practices
with the objective of expanding the capacity of, and access to,
local crisis call centers, mobile crisis care, crisis
stabilization, psychiatric emergency services, and rapid post-
crisis follow-up care provided by--
``(A) the National Suicide Prevention and Mental
Health Crisis Hotline and Response System;
``(B) the Veterans Crisis Line;
``(C) community mental health centers (as defined
in section 1861(ff)(3)(B) of the Social Security Act);
``(D) certified community behavioral health
clinics, as described in section 223 of the Protecting
Access to Medicare Act of 2014; and
``(E) other community mental health and substance
use disorder providers.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1102. CRISIS RESPONSE CONTINUUM OF CARE.
(a) In General.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, shall facilitate the
identification and publication of best practices for a crisis response
continuum of care related to mental health and substance use disorders
for use by health care providers, crisis services administrators, and
crisis services providers in responding to individuals (including
children and adolescents) experiencing mental health crises, substance-
related crises, and crises arising from co-occurring disorders.
(b) Best Practices.--
(1) In general.--The best practices published under
subsection (a) shall, as appropriate, address best practices
related to crisis response services for the range of entities
that furnish such services, taking into consideration such
services that--
(A) do not require prior authorization from an
insurance provider or group health plan nor a referral
from a health care provider prior to the delivery of
services;
(B) provide for serving all individuals regardless
of age or ability to pay;
(C) provide for operating 24 hours a day, 7 days a
week;
(D) provide for care and support through resources
described in paragraph (2)(A) until the individual has
been stabilized or transferred to the next level of
crisis care; and
(E) address psychiatric stabilization, including
for--
(i) individuals screened over the phone,
text, and chat; and
(ii) individuals stabilized on the scene by
mobile teams.
(2) Identification of functions.--The best practices
published under subsection (a) shall consider the functions of
the range of services in the crisis response continuum,
including the following:
(A) Identification of resources for referral and
enrollment in continuing mental health, substance use,
or other human services relevant for the individual in
crisis where necessary.
(B) A description of access and entry points to
services within the crisis response continuum.
(C) Identification, as appropriate and consistent
with State laws, of any protocols and agreements for
the transfer and receipt of individuals to and from
other segments of the crisis response continuum
segments as needed, and from outside referrals,
including health care providers, first responders
(including law enforcement, paramedics, and
firefighters), education institutions, and community-
based organizations.
(D) Description of the qualifications of the range
of crisis services staff, including roles for
physicians, licensed clinicians, case managers, and
peers (in accordance with State licensing requirements
or requirements applicable to Tribal health
professionals).
(E) The convening of collaborative meetings of
relevant crisis response system partners, such as
crisis response service providers, first responders
(including law enforcement, paramedics, and
firefighters), and community partners (including the
National Suicide Prevention Lifeline or 9-8-8 call
centers, 9-1-1 public service answering points, and
local mental health and substance use disorder
treatment providers), operating in a common region for
the discussion of case management, best practices, and
general performance improvement.
(3) Service capacity and quality best practices.--The best
practices under subsection (a) may include recommendations on--
(A) the volume of services to meet population need;
(B) appropriate timely response; and
(C) capacity to meet the needs of different patient
populations that may experience a mental health or
substance use crisis, including children, families, and
all age groups, racial and ethnic minorities, veterans,
individuals with co-occurring mental health and
substance use disorders, individuals with disabilities,
and individuals with chronic illness.
(4) Implementation timeframe.--The Secretary shall--
(A) not later than 1 year after the date of
enactment of this section, publish and maintain the
best practices required by subsection (a); and
(B) after 3 years, facilitate the identification of
any updates to such best practices, as appropriate.
(5) Evaluations.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, an assessment of
relevant programs related to mental health and substance use
disorder crises authorized under title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.) in order to assess the
extent to which such programs meet objectives and performance
metrics, as determined by the Secretary. Such evaluation may,
as appropriate, include data on--
(A) the type and variety of services provided when
responding to mental health and substance use-related
crises;
(B) the impact on emergency department facility use
and length of stay, including for patients who require
further psychiatric care;
(C) the impact on access to crisis care centers and
crisis bed services;
(D) the impact on linkage to appropriate post-
crisis care; and
(E) the use of best practices and recommendations
identified under this section.
SEC. 1103. SUICIDE PREVENTION LIFELINE IMPROVEMENT.
(a) Suicide Prevention Lifeline.--
(1) Activities.--Section 520E-3(b) of the Public Health
Service Act (42 U.S.C. 290bb-36c(b)) is amended--
(A) in paragraph (1)--
(i) by inserting ``supporting and'' before
``coordinating''; and
(ii) by striking ``crisis intervention
services'' and inserting ``mental health crisis
intervention services, including appropriate
follow-up services,'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) improving awareness of the program for suicide
prevention and mental health crisis intervention services,
including by conducting an awareness initiative and ongoing
outreach to the public; and
``(5) improving the collection and analysis of demographic
information, in a manner that protects personal privacy,
consistent with applicable Federal and State privacy laws, in
order to understand disparities in access to the program among
individuals who are seeking help.''.
(2) Plan.--Section 520E-3 of the Public Health Service Act
(42 U.S.C. 290bb-36c) is further amended--
(A) by redesignating subsection (c) as subsection
(f); and
(B) by inserting after subsection (b) the
following:
``(c) Plan.--
``(1) In general.--For purposes of supporting the crisis
centers under subsection (b)(1) and maintaining the suicide
prevention hotline under subsection (b)(2), the Secretary shall
develop and implement a plan to ensure the provision of high-
quality services.
``(2) Contents.--The plan required by paragraph (1) shall
include the following:
``(A) Program evaluation, including performance
measures to assess progress toward the goals and
objectives of the program and to improve the
responsiveness and performance of the hotline,
including at all backup call centers.
``(B) Requirements that crisis centers and backup
centers must meet--
``(i) to participate in the network under
subsection (b)(1); and
``(ii) to ensure that each telephone call
and applicable other communication received by
the hotline, including at backup call centers,
is answered in a timely manner, consistent with
evidence-based guidance or other guidance or
best practices, as appropriate.
``(C) Specific recommendations and strategies for
implementing evidence-based practices, including with
respect to followup and communicating the availability
of resources in the community for individuals in need.
``(D) Criteria for carrying out periodic testing of
the hotline during each fiscal year, including at
crisis centers and backup centers, to identify and
address any problems in a timely manner.
``(3) Consultation.--In developing requirements under
paragraph (2)(B), the Secretary shall consult with State
departments of health, local governments, Indian Tribes, and
Tribal organizations.
``(4) Initial plan; updates.--The Secretary shall--
``(A) not later than 1 year after the date of
enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, complete development of the
initial plan under paragraph (1) and make such plan
publicly available; and
``(B) periodically thereafter, update such plan and
make the updated plan publicly available.''.
(3) Transmission of data to cdc and to assist state and
local agencies.--Section 520E-3 of the Public Health Service
Act (42 U.S.C. 290bb-36c) is amended by inserting after
subsection (c), as added by paragraph (2), the following:
``(d) Improving Epidemiological Data.--The Secretary shall, as
appropriate, formalize and strengthen agreements between the Suicide
Prevention Lifeline program and the Centers for Disease Control and
Prevention with respect to the secure sharing of de-identified
epidemiological data. Such agreements shall include appropriate privacy
and security protections that meet the requirements of applicable
Federal law, at a minimum.
``(e) Data to Assist State and Local Suicide Prevention
Activities.--The Secretary shall ensure that the aggregated information
collected and any applicable analyses conducted under subsection
(b)(5), including from local call centers, as applicable, are made
available in a usable format to State and local agencies in order to
inform suicide prevention activities.''.
(4) Authorization of appropriations.--Subsection (f) of
section 520E-3 of the Public Health Service Act (42 U.S.C.
290bb-36c), as redesignated by paragraph (2), is amended to
read as follows:
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $101,621,000 for each of fiscal
years 2023 through 2027.''.
(b) Pilot Program on Innovative Technologies.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use, shall, as appropriate, carry out a
pilot program to research, analyze, and employ various
technologies and platforms of communication (including social
media platforms, texting platforms, and email platforms) for
suicide prevention in addition to the telephone and online chat
service provided by the Suicide Prevention Lifeline.
(2) Report.--Not later than 24 months after the date on
which the pilot program under paragraph (1) commences, the
Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
submit to the Congress a report on the pilot program. With
respect to each platform of communication employed pursuant to
the pilot program, the report shall include--
(A) a full description of the program;
(B) the number of individuals served by the
program;
(C) the average wait time for each individual to
receive a response;
(D) the cost of the program, including the cost per
individual served; and
(E) any other information the Secretary determines
appropriate.
(c) HHS Study and Report.--Not later than 2 years after the
Secretary of Health and Human Services completes development of the
plan under section 520E-3(c) of the Public Health Service Act, as added
by subsection (a)(2)(B), the Secretary shall--
(1) complete a study on--
(A) the implementation of such plan, including the
progress towards meeting the goals and objectives
identified pursuant to paragraph (2)(A) of such section
520E-3(c); and
(B) in consultation with the Director of the
Centers for Disease Control and Prevention, options to
improve data regarding usage of the Suicide Prevention
Lifeline, such as repeat calls, consistent with
applicable Federal and State privacy laws; and
(2) submit a report to Congress on the progress made on
meeting the goals and objectives identified pursuant to
paragraph (2)(A) of such section 520E-3(c) and recommendations
on improving the program, including improvements to enhance
data collection and usage.
(d) GAO Study and Report.--
(1) In general.--Not later than 2 years after the Secretary
of Health and Human Services begins implementation of the plan
required by section 520E-3(c) of the Public Health Service Act,
as added by subsection (a)(2)(B), the Comptroller General of
the United States shall--
(A) complete a study on the Suicide Prevention
Lifeline; and
(B) submit a report to the Congress on the results
of such study.
(2) Content.--The study required by paragraph (1) shall
include what is known about--
(A) the feasibility of routing calls to the Suicide
Prevention Lifeline to the nearest crisis center based
on the physical location of the contact;
(B) capacity of the Suicide Prevention Lifeline;
(C) State and regional variation with respect to
access to crisis centers described in section 520E-
3(b)(1) of the Public Health Service Act (42 U.S.C.
290bb-36c(b)(1)), including wait times, answer times,
hours of operation, and funding sources;
(D) the implementation of the plan under section
520E-3(c) of the Public Health Service Act, as added by
subsection (a)(2)(B), including the progress toward
meeting the goals and objectives in such plan; and
(E) the capacity of the Suicide Prevention Lifeline
to handle calls from individuals with limited English
proficiency.
(3) Recommendations.--The report required by paragraph (1)
shall include recommendations for improving the Suicide
Prevention Lifeline, including recommendations for
administrative actions.
(e) Definition.--In this section, the term ``Suicide Prevention
Lifeline'' means the suicide prevention hotline maintained pursuant to
section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c).
CHAPTER 2--INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE
DISORDERS
SEC. 1111. SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND
SUBSTANCE USE DISORDERS.
(a) In General.--Section 317L-1 of the Public Health Service Act
(42 U.S.C. 247b-13a) is amended--
(1) in the section heading, by striking ``maternal
depression'' and inserting ``maternal mental health and
substance use disorders''; and
(2) in subsection (a)--
(A) by inserting ``, Indian Tribes and Tribal
organizations (as such terms are defined in section 4
of the Indian Self-Determination and Education
Assistance Act)'' after ``States''; and
(B) by striking ``for women who are pregnant, or
who have given birth within the preceding 12 months,
for maternal depression'' and inserting ``for women who
are postpartum, pregnant, or have given birth within
the preceding 12 months, for maternal mental health and
substance use disorders''.
(b) Application.--Subsection (b) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``a State shall submit'' and inserting ``an
entity listed in subsection (a) shall submit''; and
(2) in paragraphs (1) and (2), by striking ``maternal
depression'' each place it appears and inserting ``maternal
mental health and substance use disorders''.
(c) Priority.--Subsection (c) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``may give priority to States proposing to
improve or enhance access to screening'' and inserting the
following: ``shall, as appropriate, give priority to entities
listed in subsection (a) that--
``(1) are proposing to create, improve, or enhance
screening, prevention, and treatment'';
(2) by striking ``maternal depression'' and inserting
``maternal mental health and substance use disorders'';
(3) by striking the period at the end of paragraph (1), as
so designated, and inserting a semicolon; and
(4) by inserting after such paragraph (1) the following:
``(2) are currently partnered with, or will partner with,
one or more community-based organizations to address maternal
mental health and substance use disorders;
``(3) are located in, or provide services under this
section in, an area with disproportionately high rates of
maternal mental health or substance use disorders or other
related disparities; and
``(4) operate in a health professional shortage area
designated under section 332, including maternity care health
professional target areas.''.
(d) Use of Funds.--Subsection (d) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to health
care providers; and'' and inserting ``on maternal
mental health and substance use disorder screening,
brief intervention, treatment (as applicable for health
care providers), and referrals for treatment to health
care providers in the primary care setting and, as
applicable, relevant health paraprofessionals;'';
(B) in subparagraph (B), by striking ``to health
care providers, including information on maternal
depression screening, treatment, and followup support
services, and linkages to community-based resources;
and'' and inserting ``on maternal mental health and
substance use disorder screening, brief intervention,
treatment (as applicable for health care providers) and
referrals for treatment, follow-up support services,
and linkages to community-based resources to health
care providers in the primary care setting and, as
applicable, relevant health paraprofessionals; and'';
and
(C) by adding at the end the following:
``(C) to the extent practicable and appropriate,
enabling health care providers (such as obstetrician-
gynecologists, nurse practitioners, nurse midwives,
pediatricians, psychiatrists, mental and other
behavioral health care providers, and adult primary
care clinicians) to provide or receive real-time
psychiatric consultation (in-person or remotely),
including through the use of technology-enabled
collaborative learning and capacity building models (as
defined in section 330N), to aid in the treatment of
pregnant and postpartum women; and''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(C) in subparagraph (A), as so redesignated, by
striking ``and'' at the end;
(D) in subparagraph (B), as so redesignated--
(i) by inserting ``, including'' before
``for rural areas''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(E) by inserting after subparagraph (B), as so
redesignated, the following:
``(C) providing assistance to pregnant and
postpartum women to receive maternal mental health and
substance use disorder treatment, including patient
consultation, care coordination, and navigation for
such treatment;
``(D) coordinating, as appropriate, with maternal
and child health programs of State, local, and Tribal
governments, including child psychiatric access
programs;
``(E) conducting public outreach and awareness
regarding grants under subsection (a);
``(F) creating multistate consortia to carry out
the activities required or authorized under this
subsection; and
``(G) training health care providers in the primary
care setting and relevant health paraprofessionals on
trauma-informed care, culturally and linguistically
appropriate services, and best practices related to
training to improve the provision of maternal mental
health and substance use disorder care for racial and
ethnic minority populations and reduce related
disparities in the delivery of such care.''.
(e) Additional Provisions.--Section 317L-1 of the Public Health
Service Act (42 U.S.C. 247b-13a) is amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to grantees and entities listed in subsection (a) for
carrying out activities pursuant to this section.
``(f) Dissemination of Best Practices.--The Secretary, based on
evaluation of the activities funded pursuant to this section, shall
identify and disseminate evidence-based or evidence-informed practices
for screening, assessment, treatment, and referral to treatment
services for maternal mental health and substance use disorders,
including culturally and linguistically appropriate services, for women
during pregnancy and 12 months following pregnancy.
``(g) Matching Requirement.--The Federal share of the cost of the
activities for which a grant is made to an entity under subsection (a)
shall not exceed 90 percent of the total cost of such activities.''.
(f) Authorization of Appropriations.--Subsection (h) of section
317L-1 (42 U.S.C. 247b-13a) of the Public Health Service Act, as
redesignated by subsection (e), is amended--
(1) by striking ``$5,000,000'' and inserting
``$24,000,000''; and
(2) by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1112. MATERNAL MENTAL HEALTH HOTLINE.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-7. MATERNAL MENTAL HEALTH HOTLINE.
``(a) In General.--The Secretary shall maintain, by grant or
contract, a national maternal mental health hotline to provide
emotional support, information, brief intervention, and mental health
and substance use disorder resources to pregnant and postpartum women
at risk of, or affected by, maternal mental health and substance use
disorders, and to their families or household members.
``(b) Requirements for Hotline.--The hotline under subsection (a)
shall--
``(1) be a 24/7 real-time hotline;
``(2) provide voice and text support;
``(3) be staffed by certified peer specialists, licensed
health care professionals, or licensed mental health
professionals who are trained on--
``(A) maternal mental health and substance use
disorder prevention, identification, and intervention;
and
``(B) providing culturally and linguistically
appropriate support; and
``(4) provide maternal mental health and substance use
disorder assistance and referral services to meet the needs of
underserved populations, individuals with disabilities, and
family and household members of pregnant or postpartum women at
risk of experiencing maternal mental health and substance use
disorders.
``(c) Additional Requirements.--In maintaining the hotline under
subsection (a), the Secretary shall--
``(1) consult with the Domestic Violence Hotline, National
Suicide Prevention Lifeline, and Veterans Crisis Line to ensure
that pregnant and postpartum women are connected in real-time
to the appropriate specialized hotline service, when
applicable;
``(2) conduct a public awareness campaign for the hotline;
``(3) consult with Federal departments and agencies,
including the Substance Abuse and Mental Health Services
Administration and the Department of Veterans Affairs, to
increase awareness regarding the hotline; and
``(4) consult with appropriate State, local, and Tribal
public health officials, including officials who administer
programs that serve low-income pregnant and postpartum
individuals.
``(d) Annual Report.--The Secretary shall submit an annual report
to the Congress on the hotline under subsection (a) and implementation
of this section, including--
``(1) an evaluation of the effectiveness of activities
conducted or supported under subsection (a);
``(2) a directory of entities or organizations to which
staff maintaining the hotline funded under this section may
make referrals; and
``(3) such additional information as the Secretary
determines appropriate.
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $10,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1113. TASK FORCE ON MATERNAL MENTAL HEALTH.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services, for
purposes of identifying, evaluating, and making recommendations to
coordinate and improve Federal activities related to addressing
maternal mental health conditions, shall--
(1) establish a task force to be known as the Task Force on
Maternal Mental Health (in this section referred to as the
``Task Force''); or
(2) incorporate the duties, public meetings, and reports
specified in subsections (c) through (f) into existing relevant
Federal committees or working groups, such as the Maternal
Health Interagency Policy Committee and the Maternal Health
Working Group, as appropriate.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of--
(A) the Federal members under paragraph (2); and
(B) the non-Federal members under paragraph (3).
(2) Federal members.--The Federal members of the Task Force
shall consist of the following heads of Federal departments and
agencies (or their designees):
(A) The Assistant Secretary for Health of the
Department of Health and Human Services and the
Assistant Secretary for Mental Health and Substance
Use, who shall serve as co-chairs.
(B) The Assistant Secretary for Planning and
Evaluation of the Department of Health and Human
Services.
(C) The Assistant Secretary of the Administration
for Children and Families.
(D) The Director of the Centers for Disease Control
and Prevention.
(E) The Administrator of the Centers for Medicare &
Medicaid Services.
(F) The Administrator of the Health Resources and
Services Administration.
(G) The Director of the Indian Health Service.
(H) Such other Federal departments and agencies as
the Secretary determines appropriate that serve
individuals with maternal mental health conditions.
(3) Non-federal members.--The non-Federal members of the
Task Force shall--
(A) compose not more than one-half, and not less
than one-third, of the total membership of the Task
Force;
(B) be appointed by the Secretary; and
(C) include--
(i) representatives of professional medical
societies, professional nursing societies, and
relevant health paraprofessional societies with
expertise in maternal or mental health;
(ii) representatives of nonprofit
organizations with expertise in maternal or
mental health;
(iii) relevant industry representatives;
and
(iv) other representatives, as appropriate.
(4) Deadline for designating designees.--If the Assistant
Secretary for Health, the Assistant Secretary for Mental Health
and Substance Use, or the head of a Federal department or
agency serving as a member of the Task Force under paragraph
(2), chooses to be represented on the Task Force by a designee,
the Assistant Secretary for Health, the Assistant Secretary for
Mental Health and Substance Use, or department or agency head
shall designate such designee not later than 90 days after the
date of the enactment of this section.
(c) Duties.--The Task Force shall--
(1) prepare and regularly update a report that analyzes and
evaluates the state of maternal mental health programs at the
Federal level, and identifies best practices with respect to
maternal mental health (which may include co-occurring
substance use disorders), including--
(A) a set of evidence-based, evidence-informed, and
promising practices with respect to--
(i) prevention strategies for maternal
mental health conditions, including strategies
and recommendations to reduce racial, ethnic,
geographic, and other health disparities;
(ii) the identification, screening,
diagnosis, intervention, and treatment of
maternal mental health conditions and affected
families;
(iii) the timely referral to supports, and
implementation of practices, that prevent and
mitigate the effects of a maternal mental
health condition, including strategies and
recommendations to eliminate racial and ethnic
disparities that exist in maternal mental
health; and
(iv) community-based or multigenerational
practices that provide support related to
maternal mental health conditions, including
support for affected families; and
(B) Federal and State programs and activities that
support prevention, screening, diagnosis, intervention,
and treatment of maternal mental health conditions;
(2) develop and regularly update a national strategy for
maternal mental health, taking into consideration the findings
of the report under paragraph (1), on how the Task Force and
Federal departments and agencies represented on the Task Force
may prioritize options for, and may improve coordination with
respect to, addressing maternal mental health conditions,
including by--
(A) increasing prevention, screening, diagnosis,
intervention, treatment, and access to maternal mental
health care, including clinical and nonclinical care
such as peer-support and community health workers,
through the public and private sectors;
(B) providing support relating to the prevention,
screening, diagnosis, intervention, and treatment of
maternal mental health conditions, including families,
as appropriate;
(C) reducing racial, ethnic, geographic, and other
health disparities related to prevention, diagnosis,
intervention, treatment, and access to maternal mental
health care;
(D) identifying opportunities to modify,
strengthen, and better coordinate existing Federal
infant and maternal health programs in order to improve
screening, diagnosis, research, prevention,
identification, intervention, and treatment with
respect to maternal mental health; and
(E) improving planning, coordination, and
collaboration across Federal departments, agencies,
offices, and programs;
(3) solicit public comments, as appropriate, from
stakeholders for the report under paragraph (1) and the
national strategy under paragraph (2) in order to inform the
activities and reports of the Task Force; and
(4) consider the latest research related to maternal mental
health in developing the strategy, including, as applicable and
appropriate, data and information disaggregated by relevant
factors, such as race, ethnicity, geographical location, age,
socioeconomic level, and others, as appropriate.
(d) Meetings.--The Task Force shall--
(1) meet not less than two times each year; and
(2) convene public meetings, as appropriate, to fulfill its
duties under this section.
(e) Reports to Public and Federal Leaders.--The Task Force shall
make publicly available and submit to the heads of relevant Federal
departments and agencies, the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and other relevant congressional
committees, the following:
(1) Not later than 1 year after the first meeting of the
Task Force, an initial report under subsection (c)(1).
(2) Not later than 2 years after the first meeting of the
Task Force, an initial national strategy under subsection
(c)(2).
(3) Each year thereafter--
(A) an updated report under subsection (c)(1);
(B) an updated national strategy under subsection
(c)(2); or
(C) if no update is made under subsection (c)(1) or
(c)(2), a report summarizing the activities of the Task
Force.
(f) Reports to Governors.--Upon finalizing the initial national
strategy under subsection (c)(2), and upon making relevant updates to
such strategy, the Task Force shall submit a report to the Governors of
all States describing any opportunities for local- and State-level
partnerships identified under subsection (c)(2).
(g) Sunset.--The Task Force shall terminate on September 30, 2027.
(h) Nonduplication of Federal Efforts.--The Secretary may relieve
the Task Force, in carrying out subsections (c) through (f), from
responsibility for carrying out such activities as may be specified by
the Secretary as duplicative of other activities carried out by the
Department of Health and Human Services.
SEC. 1114. RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND POSTPARTUM
WOMEN PILOT PROGRAM REAUTHORIZATION.
Section 508(r) of the Public Health Service Act (42 U.S.C. 290bb-
1(r)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively; and
(3) in paragraph (4)(B), as so redesignated--
(A) in the matter preceding clause (i), by striking
``The Director'' and inserting ``Not later than
September 30, 2026, the Director''; and
(B) by striking ``the relevant committees of
jurisdiction of the House of Representatives and the
Senate'' and inserting ``the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives''.
CHAPTER 3--REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS
SEC. 1121. INNOVATION FOR MENTAL HEALTH.
(a) National Mental Health and Substance Use Policy Laboratory.--
Section 501A of the Public Health Service Act (42 U.S.C. 290aa-0) is
amended--
(1) in subsection (e)(1), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or Tribal
organizations'';
(2) by striking subsection (e)(3); and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2023 through 2027.''.
(b) GAO Study.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare a report on the work of the National Mental Health and
Substance Use Policy Laboratory established under section 501A of the
Public Health Service Act (42 U.S.C. 290aa-0), including--
(1) the extent to which such Laboratory is meeting its
responsibilities as set forth in such section 501A; and
(2) any recommendations for improvement, including methods
to expand the use of evidence-based practices across programs,
recommendations to improve program evaluations for
effectiveness, and dissemination of resources to stakeholders
and the public.
(c) Interdepartmental Serious Mental Illness Coordinating
Committee.--
(1) In general.--Part A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.), as amended by section
1101, is further amended by inserting after section 501B, as
added by such section 1101, the following:
``SEC. 501C. INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDINATING
COMMITTEE.
``(a) Establishment.--
``(1) In general.--The Secretary, or the designee of the
Secretary, shall establish a committee to be known as the
Interdepartmental Serious Mental Illness Coordinating Committee
(in this section referred to as the `Committee').
``(2) Federal advisory committee act.--Except as provided
in this section, the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee.
``(b) Meetings.--The Committee shall meet not fewer than 2 times
each year.
``(c) Responsibilities.--Not later than each of 1 year and 5 years
after the date of enactment of this section, the Committee shall submit
to Congress and any other relevant Federal department or agency a
report including--
``(1) a summary of advances in serious mental illness and
serious emotional disturbance research related to the
prevention of, diagnosis of, intervention in, and treatment and
recovery of serious mental illnesses, serious emotional
disturbances, and advances in access to services and support
for adults with a serious mental illness or children with a
serious emotional disturbance;
``(2) an evaluation of the effect Federal programs related
to serious mental illness have on public health, including
outcomes such as--
``(A) rates of suicide, suicide attempts, incidence
and prevalence of serious mental illnesses, serious
emotional disturbances, and substance use disorders,
overdose, overdose deaths, emergency hospitalizations,
emergency department boarding, preventable emergency
department visits, interaction with the criminal
justice system, homelessness, and unemployment;
``(B) increased rates of employment and enrollment
in educational and vocational programs;
``(C) quality of mental and substance use disorders
treatment services; or
``(D) any other criteria as may be determined by
the Secretary; and
``(3) specific recommendations for actions that agencies
can take to better coordinate the administration of mental
health services for adults with a serious mental illness or
children with a serious emotional disturbance.
``(d) Membership.--
``(1) Federal members.--The Committee shall be composed of
the following Federal representatives, or the designees of such
representatives--
``(A) the Secretary of Health and Human Services,
who shall serve as the Chair of the Committee;
``(B) the Assistant Secretary for Mental Health and
Substance Use;
``(C) the Attorney General;
``(D) the Secretary of Veterans Affairs;
``(E) the Secretary of Defense;
``(F) the Secretary of Housing and Urban
Development;
``(G) the Secretary of Education;
``(H) the Secretary of Labor;
``(I) the Administrator of the Centers for Medicare
& Medicaid Services;
``(J) the Administrator of the Administration for
Community Living; and
``(K) the Commissioner of Social Security.
``(2) Non-federal members.--The Committee shall also
include not less than 14 non-Federal public members appointed
by the Secretary of Health and Human Services, of which--
``(A) at least 2 members shall be an individual who
has received treatment for a diagnosis of a serious
mental illness;
``(B) at least 1 member shall be a parent or legal
guardian of an adult with a history of a serious mental
illness or a child with a history of a serious
emotional disturbance;
``(C) at least 1 member shall be a representative
of a leading research, advocacy, or service
organization for adults with a serious mental illness;
``(D) at least 2 members shall be--
``(i) a licensed psychiatrist with
experience in treating serious mental
illnesses;
``(ii) a licensed psychologist with
experience in treating serious mental illnesses
or serious emotional disturbances;
``(iii) a licensed clinical social worker
with experience treating serious mental
illnesses or serious emotional disturbances; or
``(iv) a licensed psychiatric nurse, nurse
practitioner, or physician assistant with
experience in treating serious mental illnesses
or serious emotional disturbances;
``(E) at least 1 member shall be a licensed mental
health professional with a specialty in treating
children and adolescents with a serious emotional
disturbance;
``(F) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with minorities;
``(G) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with medically underserved
populations;
``(H) at least 1 member shall be a State certified
mental health peer support specialist;
``(I) at least 1 member shall be a judge with
experience in adjudicating cases related to criminal
justice or serious mental illness;
``(J) at least 1 member shall be a law enforcement
officer or corrections officer with extensive
experience in interfacing with adults with a serious
mental illness, children with a serious emotional
disturbance, or individuals in a mental health crisis;
and
``(K) at least 1 member shall have experience
providing services for homeless individuals and working
with adults with a serious mental illness, children
with a serious emotional disturbance, or individuals in
a mental health crisis.
``(3) Terms.--A member of the Committee appointed under
paragraph (2) shall serve for a term of 3 years, and may be
reappointed for 1 or more additional 3-year terms. Any member
appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of such term. A member may serve
after the expiration of the member's term until a successor has
been appointed.
``(e) Working Groups.--In carrying out its functions, the Committee
may establish working groups. Such working groups shall be composed of
Committee members, or their designees, and may hold such meetings as
are necessary.
``(f) Sunset.--The Committee shall terminate on September 30,
2027.''.
(2) Conforming amendments.--
(A) Section 501(l)(2) of the Public Health Service
Act (42 U.S.C. 290aa(l)(2)) is amended by striking
``section 6031 of such Act'' and inserting ``section
501C''.
(B) The Helping Families in Mental Health Crisis
Reform Act of 2016 (Division B of Public Law 114-255)
is amended--
(i) by repealing section 6031; and
(ii) by conforming the item relating to
such section in the table of contents in
section 1(b) of Public Law 114-255.
(d) Priority Mental Health Needs of Regional and National
Significance.--Section 520A of the Public Health Service Act (42 U.S.C.
290bb-32) is amended--
(1) in subsection (a), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or Tribal
organizations''; and
(2) in subsection (f), by striking ``$394,550,000 for each
of fiscal years 2018 through 2022'' and inserting
``$599,036,000 for each of fiscal years 2023 through 2027''.
SEC. 1122. CRISIS CARE COORDINATION.
(a) Strengthening Community Crisis Response Systems.--Section 520F
of the Public Health Service Act (42 U.S.C. 290bb-37) is amended to
read as follows:
``SEC. 520F. MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT PROGRAM.
``(a) In General.--The Secretary shall establish a pilot program
under which the Secretary will award competitive grants to States,
localities, territories, Indian Tribes, and Tribal organizations to
establish new, or enhance existing, mobile crisis response teams that
divert the response for mental health and substance use disorder crises
from law enforcement to mobile crisis teams, as described in subsection
(b).
``(b) Mobile Crisis Teams Described.--A mobile crisis team, for
purposes of this section, is a team of individuals--
``(1) that is available to respond to individuals in mental
health and substance use disorder crises and provide immediate
stabilization, referrals to community-based mental health and
substance use disorder services and supports, and triage to a
higher level of care if medically necessary;
``(2) which may include licensed counselors, clinical
social workers, physicians, paramedics, crisis workers, peer
support specialists, or other qualified individuals; and
``(3) which may provide support to divert mental health and
substance use disorder crisis calls from the 9-1-1 system to
the 9-8-8 system.
``(c) Priority.--In awarding grants under this section, the
Secretary shall prioritize applications which account for the specific
needs of the communities to be served, including children and families,
veterans, rural and underserved populations, and other groups at
increased risk of death from suicide or overdose.
``(d) Report.--
``(1) Initial report.--Not later than September 30, 2024,
the Secretary shall submit to Congress a report on steps taken
by States, localities, territories, Indian Tribes, and Tribal
organizations prior to the date of enactment of this section to
strengthen the partnerships among mental health providers,
substance use disorder treatment providers, primary care
physicians, mental health and substance use disorder crisis
teams, paramedics, law enforcement officers, and other first
responders.
``(2) Progress reports.--Not later than one year after the
date on which the first grant is awarded to carry out this
section, and for each year thereafter, the Secretary shall
submit to Congress a report on the grants made during the year
covered by the report, which shall include--
``(A) impact data on the teams and people served by
such programs, including demographic information of
individuals served, volume, and types of service
utilization;
``(B) outcomes of the number of linkages made to
community-based resources or short-term crisis
receiving and stabilization facilities, as applicable,
and diversion from law enforcement or hospital
emergency department settings;
``(C) data consistent with the State block grant
requirements for continuous evaluation and quality
improvement, and other relevant data as determined by
the Secretary;
``(D) identification and, where appropriate,
recommendations of best practices from States and
localities providing mobile crisis response and
stabilization services for youth and adults; and
``(E) identification of any opportunities for
improvements to the program established under this
section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2023 through 2027.''.
(b) Mental Health Awareness Training Grants.--
(1) In general.--Section 520J(b) of the Public Health
Service Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in paragraph (1), by striking ``Indian tribes,
tribal organizations'' and inserting ``Indian Tribes,
Tribal organizations'';
(B) in paragraph (4), by striking ``Indian tribe,
tribal organization'' and inserting ``Indian Tribe,
Tribal organization'';
(C) in paragraph (5)--
(i) by striking ``Indian tribe, tribal
organization'' and inserting ``Indian Tribe,
Tribal organization'';
(ii) in subparagraph (A), by striking
``and'' at the end;
(iii) in subparagraph (B)(ii), by striking
the period at the end and inserting ``; and'';
and
(iv) by adding at the end the following:
``(C) suicide intervention and prevention.'';
(D) in paragraph (6), by striking ``Indian tribe,
tribal organization'' and inserting ``Indian Tribe,
Tribal organization'';
(E) by redesignating paragraph (7) as paragraph
(8);
(F) by inserting after paragraph (6) the following:
``(7) Technical assistance.--The Secretary may provide
technical assistance to grantees in carrying out this section,
which may include assistance with--
``(A) program evaluation and related activities,
including related data collection and reporting;
``(B) implementing and disseminating evidence-based
practices and programs; and
``(C) facilitating collaboration among grantees.'';
and
(G) in paragraph (8), as so redesignated, by
striking ``$14,693,000 for each of fiscal years 2018
through 2022'' and inserting ``$24,963,000 for each of
fiscal years 2023 through 2027''.
(2) Technical corrections.--Section 520J(b) of the Public
Health Service Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in the heading of paragraph (2), by striking
``Emergency Services Personnel'' and inserting
``Emergency services personnel''; and
(B) in the heading of paragraph (3), by striking
``Distribution of Awards'' and inserting ``Distribution
of awards''.
(c) Adult Suicide Prevention.--Section 520L of the Public Health
Service Act (42 U.S.C. 290bb-43) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``individuals who are 25
years of age or older'' and inserting ``adult
individuals''; and
(ii) by inserting ``prevention'' after
``raise awareness of suicide''; and
(B) in paragraph (2)--
(i) by striking ``Indian tribe'' each place
it appears and inserting ``Indian Tribe''; and
(ii) by striking ``tribal organization''
each place it appears and inserting ``Tribal
organization''; and
(C) by amending paragraph (3)(C) to read as
follows:
``(C) Raising awareness of suicide prevention
resources and promoting help seeking among those at
risk for suicide.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) identify best practices, as applicable, to improve
the identification, assessment, treatment, and timely
transition, as appropriate, to additional or follow-up care for
individuals in emergency departments who are at risk for
suicide and enhance the coordination of care for such
individuals during and after discharge, in support of
activities under subsection (a).''; and
(3) in subsection (d), by striking ``$30,000,000 for the
period of fiscal years 2018 through 2022'' and inserting
``$30,000,000 for each of fiscal years 2023 through 2027''.
SEC. 1123. TREATMENT OF SERIOUS MENTAL ILLNESS.
(a) Assertive Community Treatment Grant Program.--
(1) Technical amendment.--Section 520M(b) of the Public
Health Service Act (42 U.S.C. 290bb-44(b)) is amended by
striking ``Indian tribe or tribal organization'' and inserting
``Indian Tribe or Tribal organization''.
(2) Report to congress.--Section 520M(d)(1) of the Public
Health Service Act (42 U.S.C. 290bb-44(d)(1)) is amended--
(A) by striking ``not later than the end of fiscal
year 2021'' and inserting ``not later than the end of
fiscal year 2026''; and
(B) by striking ``appropriate congressional
committees'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives''.
(3) Authorization of appropriations.--Section 520M(e)(1) of
the Public Health Service Act (42 U.S.C. 290bb-44(d)(1)) is
amended by striking ``$5,000,000 for the period of fiscal years
2018 through 2022'' and inserting ``$9,000,000 for each of
fiscal years 2023 through 2027''.
(b) Assisted Outpatient Treatment.--
(1) In general.--Section 224 of the Protecting Access to
Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa note)
is amended--
(A) in subsection (a), by striking ``4-year
pilot'';
(B) in subsection (e), in the matter preceding
paragraph (1)--
(i) by striking ``each of fiscal years
2016, 2017, 2018, 2019, 2020, 2021, and 2022''
and inserting ``fiscal year 2023, and
biennially thereafter''; and
(ii) by striking ``appropriate
congressional committees'' and inserting
``Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Energy and Commerce of the House of
Representatives'';
(C) in subsection (e), by inserting after paragraph
(4) the following:
``(5) Demographic information regarding participation of
those served by the grant compared to demographic information
in the population of the grant recipient.''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``2015
through 2022'' and inserting ``2023 through
2027''; and
(ii) by amending paragraph (2) to read as
follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $22,000,000 for
each of fiscal years 2023 through 2027.''.
(2) GAO report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report examining
the efficacy of assisted outpatient treatment programs that
received funding under section 224 of the Protecting Access to
Medicare Act of 2014 (Public Law 113- 93; 42 U.S.C. 290aa note)
in improving health outcomes and treatment adherence, reducing
rates of incarceration, and reducing rates of homelessness.
Such report shall include--
(A) a comparison of health outcomes, treatment
compliance, program participant feedback, reduced rates
of incarceration, and reduced rates of homelessness as
compared to other evidence- and community-based
outpatient treatment programs and services, including
information on geographic differences in program
efficacy, as applicable; and
(B) identification of best practices used, as
applicable, in the implementation of assisted
outpatient treatment programs to ensure program
participants are receiving treatment in the least
restrictive environment that is clinically appropriate
consistent with Federal and State law, as applicable.
SEC. 1124. STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Assistant Secretary for Mental Health and
Substance Use, the Assistant Secretary for Planning and Evaluation, the
Attorney General of the United States, the Secretary of Labor, and the
Secretary of Housing and Urban Development, shall conduct a study on
the direct and indirect costs of serious mental illness with respect
to--
(1) nongovernmental entities; and
(2) the Federal Government and State, local, and Tribal
governments.
(b) Content.--The study under subsection (a) shall consider each of
the following:
(1) The costs to the health care system for health
services, including with respect to--
(A) office-based physician visits;
(B) residential and inpatient treatment programs;
(C) outpatient treatment programs;
(D) emergency department visits;
(E) crisis stabilization programs;
(F) home health care;
(G) skilled nursing and long-term care facilities;
(H) prescription drugs and digital therapeutics;
and
(I) any other relevant health services.
(2) The costs of homelessness, including with respect to--
(A) homeless shelters;
(B) street outreach activities;
(C) crisis response center visits; and
(D) other supportive services.
(3) The costs of structured residential facilities and
other supportive housing for residential and custodial care
services.
(4) The costs of law enforcement encounters and encounters
with the criminal justice system, including with respect to--
(A) encounters that do and do not result in an
arrest;
(B) criminal and judicial proceedings;
(C) services provided by law enforcement and
judicial staff (including public defenders,
prosecutors, and private attorneys); and
(D) incarceration.
(5) The costs of serious mental illness on employment.
(6) With respect to family members and caregivers, the
costs of caring for an individual with a serious mental
illness.
(7) Any other relevant costs for programs and services
administered by the Federal Government or State, Tribal, or
local governments.
(c) Data Disaggregation.--In conducting the study under subsection
(a), the Secretary of Health and Human Services shall (to the extent
feasible)--
(1) disaggregate data by--
(A) costs to nongovernmental entities, the Federal
Government, and State, local, and Tribal governments;
(B) types of serious mental illnesses and medical
chronic diseases common in patients with a serious
mental illness; and
(C) demographic characteristics, including race,
ethnicity, sex, age (including pediatric subgroups),
and other characteristics determined by the Secretary;
and
(2) include an estimate of--
(A) the total number of individuals with a serious
mental illness in the United States, including in
traditional and nontraditional housing; and
(B) the percentage of such individuals in--
(i) homeless shelters;
(ii) penal facilities, including Federal
prisons, State prisons, and county and
municipal jails; and
(iii) nursing facilities.
(d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall--
(1) submit to the Congress a report containing the results
of the study conducted under this section; and
(2) make such report publicly available.
CHAPTER 4--ANNA WESTIN LEGACY
SEC. 1131. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.
Subpart 3 of part B of title V of the Public Health Service Act
(42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the
following:
``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION
AND TRAINING ON EATING DISORDERS.
``(a) In General.--The Secretary, acting through the Assistant
Secretary, shall maintain, by competitive grant or contract, a Center
of Excellence for Eating Disorders (referred to in this section as the
`Center') to improve the identification of, interventions for, and
treatment of eating disorders in a manner that is developmentally,
culturally, and linguistically appropriate.
``(b) Subgrants and Subcontracts.--The Center shall coordinate and
implement the activities under subsection (c), in whole or in part,
which may include by awarding competitive subgrants or subcontracts--
``(1) across geographical regions; and
``(2) in a manner that is not duplicative.
``(c) Activities.--The Center--
``(1) shall--
``(A) provide training and technical assistance,
including for--
``(i) primary care and mental health
providers to carry out screening, brief
intervention, and referral to treatment for
individuals experiencing, or at risk for,
eating disorders; and
``(ii) other paraprofessionals and relevant
individuals providing nonclinical community
services to identify and support individuals
with, or at disproportionate risk for, eating
disorders;
``(B) facilitate the development of, and provide
training materials to, health care providers (including
primary care and mental health professionals) regarding
the effective treatment and ongoing support of
individuals with eating disorders, including children
and marginalized populations at disproportionate risk
for eating disorders;
``(C) collaborate and coordinate, as appropriate,
with other centers of excellence, technical assistance
centers, and psychiatric consultation lines of the
Substance Abuse and Mental Health Services
Administration and the Health Resources and Services
Administration regarding eating disorders;
``(D) coordinate with the Director of the Centers
for Disease Control and Prevention and the
Administrator of the Health Resources and Services
Administration, and other Federal agencies, as
appropriate, to disseminate training to primary care
and mental health care providers; and
``(E) support other activities, as determined
appropriate by the Secretary; and
``(2) may--
``(A) support the integration of protocols
pertaining to screening, brief intervention, and
referral to treatment for individuals experiencing, or
at risk for, eating disorders, with health information
technology systems;
``(B) develop and provide training materials to
health care providers, including primary care and
mental health providers, to provide screening, brief
intervention, and referral to treatment for members of
the military and veterans experiencing, or at risk for,
eating disorders; and
``(C) consult, as appropriate, with the Secretary
of Defense and the Secretary of Veterans Affairs on
prevention, identification, intervention for, and
treatment of eating disorders.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 for each of fiscal
years 2023 through 2027.''.
CHAPTER 5--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION
SEC. 1141. REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH
SERVICES.
(a) Funding.--Section 1920(a) of the Public Health Service Act (42
U.S.C. 300x-9(a)) is amended by striking ``$532,571,000 for each of
fiscal years 2018 through 2022'' and inserting ``$857,571,000 for each
of fiscal years 2023 through 2027''.
(b) Set-Aside for Evidence-based Crisis Care Services.--Section
1920 of the Public Health Service Act (42 U.S.C. 300x-9) is amended by
adding at the end the following:
``(d) Crisis Care.--
``(1) In general.--Except as provided in paragraph (3), a
State shall expend at least 5 percent of the amount the State
receives pursuant to section 1911 for each fiscal year to
support evidenced-based programs that address the crisis care
needs of individuals with serious mental illnesses and children
with serious emotional disturbances, which may include
individuals (including children and adolescents) experiencing
mental health crises demonstrating serious mental illness or
serious emotional disturbance, as applicable.
``(2) Core elements.--At the discretion of the single State
agency responsible for the administration of the program of the
State under a grant under section 1911, funds expended pursuant
to paragraph (1) may be used to fund some or all of the core
crisis care service components, as applicable and appropriate,
including the following:
``(A) Crisis call centers.
``(B) 24/7 mobile crisis services.
``(C) Crisis stabilization programs offering acute
care or subacute care in a hospital or appropriately
licensed facility, as determined by such State, with
referrals to inpatient or outpatient care.
``(3) State flexibility.--In lieu of expending 5 percent of
the amount the State receives pursuant to section 1911 for a
fiscal year to support evidence-based programs as required by
paragraph (1), a State may elect to expend not less than 10
percent of such amount to support such programs by the end of
two consecutive fiscal years.
``(4) Rule of construction.--Section 1912(b)(1)(A)(vi)
shall not be construed as limiting the provision of crisis care
services pursuant to paragraph (1).''.
(c) Report to Congress.--Not later than September 30, 2025, and
biennially thereafter, the Secretary shall provide a report to the
Congress on the crisis care strategies and programs pursued by States
pursuant to subsection (d) of section 1920 of the Public Health Service
Act (42 U.S.C. 300x-9), as added by subsection (b). Such report shall
include--
(1) a description of each State's crisis care activities;
(2) the population served, including information on
demographics, including age;
(3) the outcomes of such activities, including--
(A) how such activities reduced hospitalizations
and hospital stays;
(B) how such activities reduced incidents of
suicidal ideation and behaviors; and
(C) how such activities reduced the severity of
onset of serious mental illness and serious emotional
disturbance, as applicable; and
(4) any other relevant information the Secretary determines
is necessary.
CHAPTER 6--PEER-SUPPORTED MENTAL HEALTH SERVICES
SEC. 1151. PEER-SUPPORTED MENTAL HEALTH SERVICES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb--31 et seq.) is amended by inserting after section 520G
(42 U.S.C. 290bb--38) the following:
``SEC. 520H. PEER-SUPPORTED MENTAL HEALTH SERVICES.
``(a) Grants Authorized.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, shall award
grants to eligible entities to enable such entities to develop, expand,
and enhance access to mental health peer-delivered services.
``(b) Use of Funds.--Grants awarded under subsection (a) shall be
used to develop, expand, and enhance national, statewide, or community-
focused programs, including virtual peer-support services and
technology-related capabilities, including by--
``(1) carrying out workforce development, recruitment, and
retention activities, to train, recruit, and retain peer-
support providers;
``(2) building connections between mental health treatment
programs, including between community organizations and peer-
support networks, including virtual peer-support networks, and
with other mental health support services;
``(3) reducing stigma associated with mental health
disorders;
``(4) expanding and improving virtual peer mental health
support services, including through the adoption of
technologies and capabilities to expand access to virtual peer
mental health support services, such as by acquiring equipment
and software necessary to efficiently run virtual peer-support
services; and
``(5) conducting research on issues relating to mental
illness and the impact peer-support has on resiliency,
including identifying--
``(A) the signs of mental illness;
``(B) the resources available to individuals with
mental illness and to their families; and
``(C) the resources available to help support
individuals living with mental illness.
``(c) Special Consideration.--In carrying out this section, the
Secretary shall give special consideration to the unique needs of rural
areas.
``(d) Definition.--In this section, the term `eligible entity'
means--
``(1) a consumer-run nonprofit organization that--
``(A) is principally governed by people living with
a mental health condition; and
``(B) mobilizes resources within and outside of the
mental health community, which may include through
peer-support networks, to increase the prevalence and
quality of long-term wellness of individuals living
with a mental health condition, including those with a
co-occurring substance use disorder; or
``(2) an Indian Tribe, Tribal organization, Urban Indian
organization, or consortium of Tribes or Tribal organizations.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $13,000,000 for each of fiscal
years 2023 through 2027.''.
Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
Services
CHAPTER 1--NATIVE BEHAVIORAL HEALTH RESOURCES
SEC. 1201. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR
NATIVE AMERICANS.
Section 506A of the Public Health Service Act (42 U.S.C. 290aa-5a)
is amended to read as follows:
``SEC. 506A. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR
NATIVE AMERICANS.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means any health program
administered directly by the Indian Health Service, a Tribal
health program, an Indian Tribe, a Tribal organization, an
Urban Indian organization, and a Native Hawaiian health
organization.
``(2) The terms `Indian Tribe', `Tribal health program',
`Tribal organization', and `Urban Indian organization' have the
meanings given to the terms `Indian tribe', `Tribal health
program', `tribal organization', and `Urban Indian
organization' in section 4 of the Indian Health Care
Improvement Act.
``(3) The term `health program administered directly by the
Indian Health Service' means a `health program administered by
the Service' as such term is used in section 4(12)(A) of the
Indian Health Care Improvement Act.
``(4) The term `Native Hawaiian health organization' means
`Papa Ola Lokahi' as defined in section 12 of the Native
Hawaiian Health Care Improvement Act.
``(b) Grant Program.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, and in
consultation with the Director of the Indian Health Service, as
appropriate, shall award funds to eligible entities, in amounts
developed in accordance with paragraph (2), to be used by the
eligible entity to provide services for the prevention of,
treatment of, and recovery from mental health and substance use
disorders among American Indians, Alaska Natives, and Native
Hawaiians.
``(2) Formula.--The Secretary, in consultation with the
Director of the Indian Health Service, using the process
described in subsection (d), shall develop a formula to
determine the amount of an award under paragraph (1).
``(3) Delivery of funds.--On request from an Indian Tribe
or Tribal organization, the Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use and in
coordination with the Director of the Indian Health Service,
may award funds under this section through a contract or
compact under, as applicable, title I or V of the Indian Self-
Determination and Education Assistance Act.
``(c) Technical Assistance and Program Evaluation.--
``(1) In general.--The Secretary shall--
``(A) provide technical assistance to applicants
and awardees under this section; and
``(B) in consultation with Indian Tribes and Tribal
organizations, conference with Urban Indian
organizations, and engagement with a Native Hawaiian
health organization, identify and establish appropriate
mechanisms for Indian Tribes and Tribal organizations,
Urban Indian organizations, and a Native Hawaiian
health organization to demonstrate outcomes and report
data as required for participation in the program under
this section.
``(2) Data submission and reporting.--As a condition of
receipt of funds under this section, an applicant shall agree
to submit program evaluation data and reports consistent with
the data submission and reporting requirements developed under
this subsection.
``(d) Consultation.--The Secretary shall, using an accountable
process, consult with Indian Tribes and Tribal organizations, confer
with Urban Indian organizations, and engage with a Native Hawaiian
health organization regarding the development of funding allocations
pursuant to subsection (b)(2) and program evaluation and reporting
requirements pursuant to subsection (c). In establishing such
requirements, the Secretary shall seek to minimize administrative
burden for eligible entities, as practicable.
``(e) Application.--An entity desiring an award under subsection
(b) shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
reasonably require.
``(f) Report.--Not later than 3 years after the date of the
enactment of the Restoring Hope for Mental Health and Well-Being Act of
2022, the Secretary shall prepare and submit, to the Committee on
Health, Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, a report
describing the services provided pursuant to this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $80,000,000 for each of fiscal
years 2023 through 2027.''.
CHAPTER 2--SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY
SEC. 1211. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
Section 506(e) of the Public Health Service Act (42 U.S.C. 290aa-
5(e)) is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1212. PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL
AND NATIONAL SIGNIFICANCE.
Section 509 of the Public Health Service Act (42 U.S.C. 290bb-2) is
amended--
(1) in the section heading, by striking ``abuse'' and
inserting ``use disorder'';
(2) in subsection (a)--
(A) by striking ``tribes and tribal organizations
(as the terms `Indian tribes' and `tribal
organizations' are defined'' and inserting ``Tribes and
Tribal organizations (as such terms are defined''; and
(B) in paragraph (3), by striking ``in substance
abuse'' and inserting ``in substance use disorders'';
(3) in subsection (b), in the subsection heading, by
striking ``Abuse'' and inserting ``Use Disorder''; and
(4) in subsection (f), by striking ``$333,806,000 for each
of fiscal years 2018 through 2022'' and inserting
``$521,517,000 for each of fiscal years 2023 through 2027''.
SEC. 1213. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND
INTERVENTIONS DEMONSTRATION.
Section 514B of the Public Health Service Act (42 U.S.C. 290bb-10)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``substance abuse'' and inserting
``substance use disorder'';
(B) by striking ``tribes and tribal organizations''
and inserting ``Tribes and Tribal organizations''; and
(C) by striking ``addiction'' and inserting
``substance use disorders'';
(2) in subsection (e)(3), by striking ``tribes and tribal
organizations'' and inserting ``Tribes and Tribal
organizations''; and
(3) in subsection (f), by striking ``2017 through 2021''
and inserting ``2023 through 2027''.
SEC. 1214. PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF REGIONAL
AND NATIONAL SIGNIFICANCE.
Section 516 of the Public Health Service Act (42 U.S.C. 290bb-22)
is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``abuse'' and
inserting ``use''; and
(B) in the matter following paragraph (3), by
striking ``tribes or tribal organizations'' and
inserting ``Tribes or Tribal organizations'';
(2) in subsection (b), in the subsection heading, by
striking ``Abuse'' and inserting ``Use Disorder''; and
(3) in subsection (f), by striking ``$211,148,000 for each
of fiscal years 2018 through 2022'' and inserting
``$218,219,000 for each of fiscal years 2023 through 2027''.
SEC. 1215. SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING
REAUTHORIZATION.
Section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--For purposes of this section:
``(1) The term `alcohol beverage industry' means the
brewers, vintners, distillers, importers, distributors, and
retail or online outlets that sell or serve beer, wine, and
distilled spirits.
``(2) The term `school-based prevention' means programs,
which are institutionalized, and run by staff members or
school-designated persons or organizations in any grade of
school, kindergarten through 12th grade.
``(3) The term `youth' means persons under the age of
21.''; and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Interagency Coordinating Committee; Annual Report on State
Underage Drinking Prevention and Enforcement Activities.--
``(1) Interagency coordinating committee on the prevention
of underage drinking.--
``(A) In general.--The Secretary, in collaboration
with the Federal officials specified in subparagraph
(B), shall continue to support and enhance the efforts
of the interagency coordinating committee, that began
operating in 2004, focusing on underage drinking
(referred to in this subsection as the `Committee').
``(B) Other agencies.--The officials referred to in
subparagraph (A) are the Secretary of Education, the
Attorney General, the Secretary of Transportation, the
Secretary of the Treasury, the Secretary of Defense,
the Surgeon General, the Director of the Centers for
Disease Control and Prevention, the Director of the
National Institute on Alcohol Abuse and Alcoholism, the
Assistant Secretary for Mental Health and Substance
Use, the Director of the National Institute on Drug
Abuse, the Assistant Secretary for Children and
Families, the Director of the Office of National Drug
Control Policy, the Administrator of the National
Highway Traffic Safety Administration, the
Administrator of the Office of Juvenile Justice and
Delinquency Prevention, the Chairman of the Federal
Trade Commission, and such other Federal officials as
the Secretary of Health and Human Services determines
to be appropriate.
``(C) Chair.--The Secretary of Health and Human
Services shall serve as the chair of the Committee.
``(D) Duties.--The Committee shall guide policy and
program development across the Federal Government with
respect to underage drinking, provided, however, that
nothing in this section shall be construed as
transferring regulatory or program authority from an
agency to the Committee.
``(E) Consultations.--The Committee shall actively
seek the input of and shall consult with all
appropriate and interested parties, including States,
public health research and interest groups,
foundations, and alcohol beverage industry trade
associations and companies.
``(F) Annual report.--
``(i) In general.--The Secretary, on behalf
of the Committee, shall annually submit to the
Congress a report that summarizes--
``(I) all programs and policies of
Federal agencies designed to prevent
and reduce underage drinking, including
such programs and policies that support
State efforts to prevent or reduce
underage drinking;
``(II) the extent of progress in
preventing and reducing underage
drinking at State and national levels;
``(III) data that the Secretary
shall collect with respect to the
information specified in clause (ii);
and
``(IV) such other information
regarding underage drinking as the
Secretary determines to be appropriate.
``(ii) Certain information.--The report
under clause (i) shall include information on
the following:
``(I) Patterns and consequences of
underage drinking as reported in
research and surveys such as, but not
limited to, Monitoring the Future,
Youth Risk Behavior Surveillance
System, the National Survey on Drug Use
and Health, and the Fatality Analysis
Reporting System.
``(II) Measures of the availability
of alcohol from commercial and non-
commercial sources to underage
populations.
``(III) Measures of the exposure of
underage populations to messages
regarding alcohol in advertising,
social media, and the entertainment
media.
``(IV) Surveillance data,
including, to the extent such
information is available, information
on the onset and prevalence of underage
drinking, consumption patterns and
beverage preferences, trends related to
drinking among different age groups,
including between youth and adults, the
means of underage access, including
trends over time, for these
surveillance data, and other data, as
appropriate. The Secretary shall
develop a plan to improve the
collection, measurement, and
consistency of reporting Federal
underage alcohol data.
``(V) Any additional findings
resulting from research conducted or
supported under subsection (g).
``(VI) Evidence-based best
practices to prevent and reduce
underage drinking and provide treatment
services to those youth who need such
services.
``(2) Annual report on state underage drinking prevention
and enforcement activities.--
``(A) In general.--The Secretary shall, with input
and collaboration from other appropriate Federal
agencies, States, Indian Tribes, territories, and
public health, consumer, and alcohol beverage industry
groups, annually issue a report on each State's
performance in enacting, enforcing, and creating laws,
regulations, programs, and other actions to prevent or
reduce underage drinking based on the best practices
identified pursuant to paragraph (1)(F)(ii)(VI). For
purposes of this paragraph, each such report, with
respect to a year, shall be referred to as the `State
Report'. Each State Report may be used as a resource to
inform the identification and implementation of
activities to prevent underage drinking, as determined
to be appropriate by such State or other applicable
entity.
``(B) Contents.--
``(i) Performance measures.--The Secretary
shall develop, in consultation with the
Committee, a set of measures to be used in
preparing the State Report on best practices,
including as they relate to State laws,
regulations, other actions, and enforcement
practices.
``(ii) State report content.--The State
Report shall include updates on State laws,
regulations, and other actions, including those
described in previous reports to Congress,
including with respect to the following:
``(I) Whether or not the State has
comprehensive anti-underage drinking
laws such as for the illegal sale,
purchase, attempt to purchase,
consumption, or possession of alcohol;
illegal use of fraudulent ID; illegal
furnishing or obtaining of alcohol for
an individual under 21 years; the
degree of strictness of the penalties
for such offenses; and the prevalence
of the enforcement of each of these
infractions.
``(II) Whether or not the State has
comprehensive liability statutes
pertaining to underage access to
alcohol such as dram shop, social host,
and house party laws, and the
prevalence of enforcement of each of
these laws.
``(III) Whether or not the State
encourages and conducts comprehensive
enforcement efforts to prevent underage
access to alcohol at retail outlets,
such as random compliance checks and
shoulder tap programs, and the number
of compliance checks within alcohol
retail outlets measured against the
number of total alcohol retail outlets
in each State, and the result of such
checks.
``(IV) Whether or not the State
encourages training on the proper
selling and serving of alcohol for all
sellers and servers of alcohol as a
condition of employment.
``(V) Whether or not the State has
policies and regulations with regard to
direct sales to consumers and home
delivery of alcoholic beverages.
``(VI) Whether or not the State has
programs or laws to deter adults from
purchasing alcohol for minors; and the
number of adults targeted by these
programs.
``(VII) Whether or not the State
has enacted graduated drivers licenses
and the extent of those provisions.
``(VIII) Whether or not the State
has adopted any other policies
consistent with evidence-based
practices related to the prevention of
underage alcohol use, which may include
any such practices described in
relevant reports issued by the Surgeon
General and practices related to youth
exposure to alcohol-related products
and information.
``(IX) A description of the degree
to which the practices of local
jurisdictions within the State vary
from one another.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2023 through 2027.
``(d) National Media Campaign To Prevent Underage Drinking.--
``(1) In general.--The Secretary, in consultation with the
National Highway Traffic Safety Administration, shall develop
or continue an intensive, multifaceted national media campaign
aimed at adults to reduce underage drinking.
``(2) Purpose.--The purpose of the national media campaign
described in this section shall be to achieve the following
objectives:
``(A) Promote community awareness of, and a
commitment to, reducing underage drinking.
``(B) Encourage activities, including activities
carried out by adults, that inhibit the illegal use of
alcohol by youth.
``(C) Discourage activities, including activities
carried out by adults, that promote the illegal use of
alcohol by youth.
``(3) Components.--When implementing the national media
campaign described in this section, the Secretary shall--
``(A) educate the public about the public health
and safety benefits of evidence-based strategies to
reduce underage drinking, including existing laws
related to the minimum legal drinking age, and engage
the public and parents in the implementation of such
strategies;
``(B) educate the public about the negative
consequences of underage drinking;
``(C) identify specific actions by adults to
discourage or inhibit underage drinking;
``(D) discourage adult conduct that tends to
facilitate underage drinking;
``(E) establish collaborative relationships with
local and national organizations and institutions to
further the goals of the campaign and assure that the
messages of the campaign are disseminated from a
variety of sources;
``(F) conduct the campaign through multi-media
sources; and
``(G) take into consideration demographics and
other relevant factors to most effectively reach target
audiences.
``(4) Consultation requirement.--In developing and
implementing the national media campaign described in this
section, the Secretary shall review recommendations for
reducing underage drinking, including those published by the
National Academies of Sciences, Engineering, and Medicine and
the Surgeon General. The Secretary shall also consult with
interested parties including the alcohol beverage industry,
medical, public health, and consumer and parent groups, law
enforcement, institutions of higher education, community-based
organizations and coalitions, and other relevant stakeholders.
``(5) Annual report.--The Secretary shall produce an annual
report on the progress of the development or implementation of
the media campaign described in this subsection, including
expenses and projected costs, and, as such information is
available, report on the effectiveness of such campaign in
affecting adult attitudes toward underage drinking and adult
willingness to take actions to decrease underage drinking.
``(6) Research on youth-oriented campaign.--The Secretary
may, based on the availability of funds, conduct or support
research on the potential success of a youth-oriented national
media campaign to reduce underage drinking. The Secretary shall
report to Congress any such results and any related
recommendations.
``(7) Administration.--The Secretary may enter into an
agreement with another Federal agency to delegate the authority
for execution and administration of the adult-oriented national
media campaign.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000 for
each of fiscal years 2023 through 2027.
``(e) Community-Based Coalition Enhancement Grants To Prevent
Underage Drinking.--
``(1) Authorization of program.--The Assistant Secretary
for Mental Health and Substance Use, in consultation with the
Director of the Office of National Drug Control Policy, shall
award enhancement grants to eligible entities to design,
implement, evaluate, and disseminate comprehensive strategies
to maximize the effectiveness of community-wide approaches to
preventing and reducing underage drinking. This subsection is
subject to the availability of appropriations.
``(2) Purposes.--The purposes of this subsection are to--
``(A) prevent and reduce alcohol use among youth in
communities throughout the United States;
``(B) strengthen collaboration among communities,
the Federal Government, Tribal Governments, and State
and local governments;
``(C) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
``(D) serve as a catalyst for increased citizen
participation and greater collaboration among all
sectors and organizations of a community that first
demonstrates a long-term commitment to reducing alcohol
use among youth;
``(E) implement evidence-based strategies to
prevent and reduce underage drinking in communities;
and
``(F) enhance, not supplant, effective local
community initiatives for preventing and reducing
alcohol use among youth.
``(3) Application.--An eligible entity desiring an
enhancement grant under this subsection shall submit an
application to the Assistant Secretary at such time, and in
such manner, and accompanied by such information and
assurances, as the Assistant Secretary may require. Each
application shall include--
``(A) a complete description of the entity's
current underage alcohol use prevention initiatives and
how the grant will appropriately enhance the focus on
underage drinking issues; or
``(B) a complete description of the entity's
current initiatives, and how it will use the grant to
enhance those initiatives by adding a focus on underage
drinking prevention.
``(4) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds to carry
out the activities described in such entity's application
submitted pursuant to paragraph (3) and obtain specialized
training and technical assistance by the entity funded under
section 4 of Public Law 107-82, as amended (21 U.S.C. 1521
note). Grants under this subsection shall not exceed $60,000
per year and may not exceed four years.
``(5) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
``(6) Evaluation.--Grants under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on
recipients of drug-free community grants.
``(7) Definitions.--For purposes of this subsection, the
term `eligible entity' means an organization that is currently
receiving or has received grant funds under the Drug-Free
Communities Act of 1997.
``(8) Administrative expenses.--Not more than 6 percent of
a grant under this subsection may be expended for
administrative expenses.
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $11,500,000 for
each of fiscal years 2023 through 2027.
``(f) Grants to Organizations Representing Pediatric Providers and
Other Related Health Professionals To Reduce Underage Drinking Through
Screening and Brief Interventions.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
make awards to one or more entities representing pediatric
providers and other related health professionals with
demonstrated ability to increase among the members of such
entities effective practices to reduce the prevalence of
alcohol use among individuals under the age of 21, including
college students.
``(2) Purposes.--Grants under this subsection shall be made
to improve--
``(A) screening adolescents for alcohol use;
``(B) offering brief interventions to adolescents
to discourage such use;
``(C) educating parents about the dangers of and
methods of discouraging such use;
``(D) diagnosing and treating alcohol use
disorders; and
``(E) referring patients, when necessary, to other
appropriate care.
``(3) Use of funds.--An entity receiving a grant under this
section may use the grant funding to promote the practices
specified in paragraph (2) among its members by--
``(A) providing training to health care providers;
``(B) disseminating best practices, including
culturally and linguistically appropriate best
practices, and developing and distributing materials;
and
``(C) supporting other activities as determined
appropriate by the Assistant Secretary.
``(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, and in such manner, and
accompanied by such information and assurances as the Secretary
may require. Each application shall include--
``(A) a description of the entity;
``(B) a description of the activities to be
completed that will promote the practices specified in
paragraph (2);
``(C) a description of the entity's qualifications
for performing such activities; and
``(D) a timeline for the completion of such
activities.
``(5) Definitions.--For the purpose of this subsection:
``(A) Brief intervention.--The term `brief
intervention' means, after screening a patient,
providing the patient with brief advice and other brief
motivational enhancement techniques designed to
increase the insight of the patient regarding the
patient's alcohol use, and any realized or potential
consequences of such use to effect the desired related
behavioral change.
``(B) Screening.--The term `screening' means using
validated patient interview techniques to identify and
assess the existence and extent of alcohol use in a
patient.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
each of fiscal years 2023 through 2027.
``(g) Data Collection and Research.--
``(1) Additional research on underage drinking.--
``(A) In general.--The Secretary shall, subject to
the availability of appropriations, support the
collection of data, and conduct or support research
that is not duplicative of research currently being
conducted or supported by the Department of Health and
Human Services, on underage drinking, with respect to
the following:
``(i) The evaluation, which may include
through the development of relevant
capabilities of expertise within a State, of
the effectiveness of comprehensive community-
based programs or strategies and statewide
systems to prevent and reduce underage
drinking, across the underage years from early
childhood to age 21, such as programs funded
and implemented by governmental entities,
public health interest groups and foundations,
and alcohol beverage companies and trade
associations.
``(ii) Obtaining and reporting more precise
information than is currently collected on the
scope of the underage drinking problem and
patterns of underage alcohol consumption,
including improved knowledge about the problem
and progress in preventing, reducing, and
treating underage drinking, as well as
information on the rate of exposure of youth to
advertising and other media messages
encouraging and discouraging alcohol
consumption.
``(iii) The development and identification
of evidence-based or evidence-informed
strategies to reduce underage drinking, which
may include through translational research.
``(iv) Improving and conducting public
health data collection on alcohol use and
alcohol-related conditions in States, which may
include by increasing the use of surveys, such
as the Behavioral Risk Factor Surveillance
System, to monitor binge and excessive drinking
and related harms among individuals who are at
least 18 years of age, but not more than 20
years of age, including harm caused to self or
others as a result of alcohol use that is not
duplicative of research currently being
conducted or supported by the Department of
Health and Human Services.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2023
through 2027.
``(2) National academies of sciences, engineering, and
medicine study.--
``(A) In general.--Not later than 12 months after
the date of enactment of the Restoring Hope for Mental
Health and Well-Being Act of 2022, the Secretary
shall--
``(i) contract with the National Academies
of Sciences, Engineering, and Medicine to study
developments in research on underage drinking
and the implications of these developments; and
``(ii) report to the Congress on the
results of such review.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $500,000 for fiscal year 2023.''.
SEC. 1216. GRANTS FOR JAIL DIVERSION PROGRAMS.
Section 520G of the Public Health Service Act (42 U.S.C. 290bb-38)
is amended--
(1) in subsection (a)--
(A) by striking ``up to 125''; and
(B) by striking ``tribes and tribal organizations''
and inserting ``Tribes and Tribal organizations'';
(2) in subsection (b)(2), by striking ``tribes, and tribal
organizations'' and inserting ``Tribes, and Tribal
organizations'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Indian tribe or
tribal organization'' and inserting ``an Indian Tribe
or Tribal organization, a health facility or program
described in subsection (a), or a public or nonprofit
entity referred to in subsection (a)''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by inserting ``peer
recovery support services,'' after ``disorder
treatment,''; and
(ii) in clause (iii), by striking ``tribe,
or tribal organization'' and inserting ``Tribe,
or Tribal organization'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``tribe, or tribal organization'' and
inserting ``Tribe, or Tribal organization'';
(B) in paragraph (3), by inserting ``and
paraprofessionals'' after ``professionals''; and
(C) in paragraph (5), by striking ``or arrest'' and
inserting ``, arrest, or release'';
(5) in subsection (f), by striking ``tribe, or tribal
organization'' each place it appears and inserting ``Tribe, or
Tribal organization'';
(6) in subsection (h), by striking ``tribe, or tribal
organization'' and inserting ``Tribe, or Tribal organization'';
and
(7) in subsection (j), by striking ``$4,269,000 for each of
fiscal years 2018 through 2022'' and inserting ``$14,000,000
for each of fiscal years 2023 through 2027''.
SEC. 1217. FORMULA GRANTS TO STATES.
Section 521 of the Public Health Service Act (42 U.S.C. 290cc-21)
is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1218. PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.
Section 535(a) of the Public Health Service Act (42 U.S.C. 290cc-
35(a)) is amended by striking ``2018 through 2022'' and inserting
``2023 through 2027''.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.
(a) Grants.--
(1) Repeal of maximum grant amount.--Paragraph (2) of
section 544(a) of the Public Health Service Act (42 U.S.C.
290dd-3(a)) is hereby repealed.
(2) Eligible entity; subgrants.--Section 544(a) of the
Public Health Service Act (42 U.S.C. 290dd-3(a)) is amended by
striking paragraph (3) and inserting the following:
``(2) Eligible entity.--For purposes of this section, the
term `eligible entity' means a State, Territory, locality, or
Indian Tribe or Tribal organization (as those terms are defined
in section 4 of the Indian Self-Determination and Education
Assistance Act).
``(3) Subgrants.--For the purposes for which a grant is
awarded under this section, the eligible entity receiving the
grant may award subgrants to a Federally qualified health
center (as defined in section 1861(aa) of the Social Security
Act), an opioid treatment program (as defined in section 8.2 of
title 42, Code of Federal Regulations (or any successor
regulations)), any practitioner dispensing narcotic drugs
pursuant to section 303(g) of the Controlled Substances Act, or
any nonprofit organization that the Secretary deems
appropriate, which may include Urban Indian organizations (as
defined in section 4 of the Indian Health Care Improvement
Act).''.
(3) Prescribing.--Section 544(a)(4) of the Public Health
Service Act (42 U.S.C. 290dd-3(a)(4)) is amended--
(A) in subparagraph (A), by inserting ``, including
patients prescribed both an opioid and a
benzodiazepine'' before the semicolon at the end; and
(B) in subparagraph (D), by striking ``drug
overdose'' and inserting ``overdose''.
(4) Use of funds.--Paragraph (5) of section 544(c) of the
Public Health Service Act (42 U.S.C. 290dd-3(c)) is amended to
read as follows:
``(5) To establish protocols to connect patients who have
experienced an overdose with appropriate treatment, including
overdose reversal medications, medication assisted treatment,
and appropriate counseling and behavioral therapies.''.
(5) Improving access to overdose treatment.--Section 544 of
the Public Health Service Act (42 U.S.C. 290dd-3) is amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) in subsection (f), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(e)''; and
(C) by inserting after subsection (c) the
following:
``(d) Improving Access to Overdose Treatment.--
``(1) Information on best practices.--
``(A) Health and human services.--The Secretary of
Health and Human Services may provide information to
States, localities, Indian Tribes, Tribal
organizations, and Urban Indian organizations on best
practices for prescribing or co-prescribing a drug or
device approved, cleared, or otherwise legally marketed
under the Federal Food, Drug, and Cosmetic Act for
emergency treatment of known or suspected opioid
overdose, including for patients receiving chronic
opioid therapy and patients being treated for opioid
use disorders.
``(B) Defense.--The Secretary of Health and Human
Services may, as appropriate, consult with the
Secretary of Defense regarding the provision of
information to prescribers within Department of Defense
medical facilities on best practices for prescribing or
co-prescribing a drug or device approved, cleared, or
otherwise legally marketed under the Federal Food,
Drug, and Cosmetic Act for emergency treatment of known
or suspected opioid overdose, including for patients
receiving chronic opioid therapy and patients being
treated for opioid use disorders.
``(C) Veterans affairs.--The Secretary of Health
and Human Services may, as appropriate, consult with
the Secretary of Veterans Affairs regarding the
provision of information to prescribers within
Department of Veterans Affairs medical facilities on
best practices for prescribing or co-prescribing a drug
or device approved, cleared, or otherwise legally
marketed under the Federal Food, Drug, and Cosmetic Act
for emergency treatment of known or suspected opioid
overdose, including for patients receiving chronic
opioid therapy and patients being treated for opioid
use disorders.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as establishing or contributing to a medical
standard of care.''.
(6) Authorization of appropriations.--Section 544(g) of the
Public Health Service Act (42 U.S.C. 290dd-3(g)), as
redesignated, is amended by striking ``fiscal years 2017
through 2021'' and inserting ``fiscal years 2023 through
2027''.
(7) Technical amendments.--
(A) Section 544 of the Public Health Service Act
(42 U.S.C. 290dd-3), as amended, is further amended by
striking ``approved or cleared'' each place it appears
and inserting ``approved, cleared, or otherwise legally
marketed''.
(B) Section 107 of the Comprehensive Addiction and
Recovery Act of 2016 (Public Law 114-198) is amended by
striking subsection (b).
SEC. 1220. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION
GRANT PROGRAMS.
(a) Grants.--Section 545 of the Public Health Service Act (42
U.S.C. 290ee) is amended--
(1) in the section heading, by striking ``access and
education grant programs'' and inserting ``access, education,
and co-prescribing grant programs'';
(2) in the heading of subsection (a), by striking ``Grants
to States'' and inserting ``Grants'';
(3) in subsection (a), by striking ``shall make grants to
States'' and inserting ``shall make grants to States,
localities, Indian Tribes, and Tribal organizations (as those
terms are defined in section 4 of the Indian Self-Determination
and Education Assistance Act)'';
(4) in subsection (a)(1), by striking ``implement
strategies for pharmacists to dispense a drug or device'' and
inserting ``implement strategies that increase access to drugs
or devices'';
(5) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(6) by inserting after paragraph (2) the following:
``(3) encourage health care providers to co-prescribe, as
appropriate, drugs or devices approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic Act
for emergency treatment of known or suspected opioid
overdose;''.
(b) Grant Period.--Section 545(d)(2) of the Public Health Service
Act (42 U.S.C. 290ee(d)(2)) is amended by striking ``3 years'' and
inserting ``5 years''.
(c) Limitation.--Paragraph (3) of section 545(d) of the Public
Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:
``(3) Limitations.--A State may--
``(A) use not more than 10 percent of a grant under
this section for educating the public pursuant to
subsection (a)(5); and
``(B) use not less than 20 percent of a grant under
this section to offset cost-sharing for distribution
and dispensing of drugs or devices approved, cleared,
or otherwise legally marketed under the Federal Food,
Drug, and Cosmetic Act for emergency treatment of known
or suspected opioid overdose.''.
(d) Authorization of Appropriations.--Section 545(h)(1) of the
Public Health Service Act, is amended by striking ``fiscal years 2017
through 2019'' and inserting ``fiscal years 2023 through 2027''.
(e) Technical Amendment.--Section 545 of the Public Health Service
Act (42 U.S.C. 290ee), as amended, is further amended by striking
``approved or cleared'' each place it appears and inserting ``approved,
cleared, or otherwise legally marketed''.
SEC. 1221. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
Section 7091 of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended--
(1) in the section heading, by striking ``demonstration''
(and by conforming the item relating to such section in the
table of contents in section 1(b));
(2) in subsection (a)--
(A) by amending the subsection heading to read as
follows: ``Grant Program''; and
(B) in paragraph (1), by striking
``demonstration'';
(3) in subsection (b), in the subsection heading, by
striking ``Demonstration'';
(4) in subsection (d)(4), by striking ``tribal'' and
inserting ``Tribal'';
(5) in subsection (f)--
(A) in the heading, by striking ``Report'' and
inserting ``Reports''; and
(B) in the matter preceding paragraph (1), by
striking ``Not later than 1 year after completion of
the demonstration program under this section, the
Secretary shall submit a report to the Congress on the
results of the demonstration program'' and inserting
``Not later than the end of each of fiscal years 2024
and 2027, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report on the results of the
program''; and
(6) in subsection (g), by striking ``2019 through 2021''
and inserting ``2023 through 2027''.
CHAPTER 3--EXCELLENCE IN RECOVERY HOUSING
SEC. 1231. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY
OF HIGH-QUALITY RECOVERY HOUSING.
Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa)
is amended--
(1) in paragraph (24)(E), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(26) collaborate with national accrediting entities,
recovery housing providers, organizations or individuals with
established expertise in delivery of recovery housing services,
States, Federal agencies (including the Department of Health
and Human Services, the Department of Housing and Urban
Development, and the agencies listed in section 550(e)(2)(B)),
and other relevant stakeholders, to promote the availability of
high-quality recovery housing and services for individuals with
a substance use disorder.''.
SEC. 1232. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY
OF HIGH-QUALITY RECOVERY HOUSING.
Section 550(a) of the Public Health Service Act (42 U.S.C. 290ee-
5(a)) (relating to national recovery housing best practices) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary, in consultation with the
individuals and entities specified in paragraph (2), shall
continue activities to identify, facilitate the development of,
and periodically update consensus-based best practices, which
may include model laws for implementing suggested minimum
standards for operating, and promoting the availability of,
high-quality recovery housing.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) officials representing the agencies described
in subsection (e)(2);'';
(B) by redesignating subparagraphs (C) through (G)
as subparagraphs (B) through (F), respectively;
(C) in subparagraph (B), as so redesignated, by
striking ``tribal'' and inserting ``Tribal''; and
(D) in subparagraph (D), as so redesignated, by
striking ``tribes, tribal organizations, and tribally''
and inserting ``Tribes, Tribal organizations, and
Tribally''; and
(3) by adding at the end the following:
``(3) Availability.--The best practices referred to in
paragraph (1) shall be--
``(A) made publicly available; and
``(B) published on the public website of the
Substance Abuse and Mental Health Services
Administration.
``(4) Exclusion of guideline on treatment services.--In
facilitating the development of best practices under paragraph
(1), the Secretary may not include any best practices with
respect to substance use disorder treatment services.''.
SEC. 1233. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE
AVAILABILITY OF RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5)
(relating to national recovery housing best practices), as amended by
section 1232, is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(2) in subsection (c)(2), by striking ``Indian tribes,
tribal'' and inserting ``Indian Tribes, Tribal'';
(3) in subsection (h)(2), as so redesignated--
(A) by striking ``Indian tribe'' and inserting
``Indian Tribe''; and
(B) by striking ``tribal organization'' and
inserting ``Tribal organization''; and
(4) by inserting after subsection (d) the following:
``(e) Coordination of Federal Activities To Promote the
Availability of Housing for Individuals Experiencing Homelessness,
Individuals With a Mental Illness, and Individuals With a Substance Use
Disorder.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary, and the Secretary of Housing and Urban
Development shall convene an interagency working group for the
following purposes:
``(A) To increase collaboration, cooperation, and
consultation among the Department of Health and Human
Services, the Department of Housing and Urban
Development, and the Federal agencies listed in
paragraph (2)(B), with respect to promoting the
availability of housing, including high-quality
recovery housing, for individuals experiencing
homelessness, individuals with mental illnesses, and
individuals with substance use disorder.
``(B) To align the efforts of such agencies and
avoid duplication of such efforts by such agencies.
``(C) To develop objectives, priorities, and a
long-term plan for supporting State, Tribal, and local
efforts with respect to the operation of high-quality
recovery housing that is consistent with the best
practices developed under this section.
``(D) To improve information on the quality of
recovery housing.
``(2) Composition.--The interagency working group under
paragraph (1) shall be composed of--
``(A) the Secretary, acting through the Assistant
Secretary, and the Secretary of Housing and Urban
Development, who shall serve as the co-chairs; and
``(B) representatives of each of the following
Federal agencies:
``(i) The Centers for Medicare & Medicaid
Services.
``(ii) The Substance Abuse and Mental
Health Services Administration.
``(iii) The Health Resources and Services
Administration.
``(iv) The Office of the Inspector General
of the Department of Health and Human Services.
``(v) The Indian Health Service.
``(vi) The Department of Agriculture.
``(vii) The Department of Justice.
``(viii) The Office of National Drug
Control Policy.
``(ix) The Bureau of Indian Affairs.
``(x) The Department of Labor.
``(xi) The Department of Veterans Affairs.
``(xii) Any other Federal agency as the co-
chairs determine appropriate.
``(3) Meetings.--The working group shall meet on a
quarterly basis.
``(4) Reports to congress.--Not later than 4 years after
the date of the enactment of this section, the working group
shall submit to the Committee on Health, Education, Labor, and
Pensions, the Committee on Agriculture, Nutrition, and
Forestry, and the Committee on Finance of the Senate and the
Committee on Energy and Commerce, the Committee on Ways and
Means, the Committee on Agriculture, and the Committee on
Financial Services of the House of Representatives a report
describing the work of the working group and any
recommendations of the working group to improve Federal, State,
and local coordination with respect to recovery housing and
other housing resources and operations for individuals
experiencing homelessness, individuals with a mental illness,
and individuals with a substance use disorder.''.
SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY AND REPORT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Assistant Secretary for Mental Health and Substance Use, shall--
(1) contract with the National Academies of Sciences,
Engineering, and Medicine--
(A) to study the quality and effectiveness of
recovery housing in the United States and whether the
availability of such housing meets demand; and
(B) to identify recommendations to promote the
availability of high-quality recovery housing; and
(2) report to the Congress on the results of such review.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,500,000 for fiscal year 2023.
SEC. 1235. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF RECOVERY
HOUSING AND SERVICES.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5)
(relating to national recovery housing best practices), as amended by
sections 1232 and 1233, is further amended by inserting after
subsection (e) (as inserted by section 1233) the following:
``(f) Grants for Implementing National Recovery Housing Best
Practices.--
``(1) In general.--The Secretary shall award grants to
States (and political subdivisions thereof), Indian Tribes, and
territories--
``(A) for the provision of technical assistance to
implement the guidelines and recommendations developed
under subsection (a); and
``(B) to promote--
``(i) the availability of recovery housing
for individuals with a substance use disorder;
and
``(ii) the maintenance of recovery housing
in accordance with best practices developed
under this section.
``(2) State promotion plans.--Not later than 90 days after
receipt of a grant under paragraph (1), and every 2 years
thereafter, each State (or political subdivisions thereof,)
Indian Tribe, or territory receiving a grant under paragraph
(1) shall submit to the Secretary, and publish on a publicly
accessible internet website of the State (or political
subdivisions thereof), Indian Tribe, or territory--
``(A) the plan of the State (or political
subdivisions thereof), Indian Tribe, or territory, with
respect to the promotion of recovery housing for
individuals with a substance use disorder located
within the jurisdiction of such State (or political
subdivisions thereof), Indian Tribe, or territory; and
``(B) a description of how such plan is consistent
with the best practices developed under this
section.''.
SEC. 1236. FUNDING.
Subsection (i) of section 550 of the Public Health Service Act (42
U.S.C. 290ee-5) (relating to national recovery housing best practices),
as redesignated by section 1233, is amended by striking ``$3,000,000
for the period of fiscal years 2019 through 2021'' and inserting
``$5,000,000 for the period of fiscal years 2023 through 2027''.
SEC. 1237. TECHNICAL CORRECTION.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended--
(1) by redesignating section 550 (relating to Sobriety
Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added by
section 8214 of Public Law 115-271, as section 550A; and
(2) by moving such section so it appears after section 550
(relating to national recovery housing best practices).
CHAPTER 4--SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES
BLOCK GRANT
SEC. 1241. ELIMINATING STIGMATIZING LANGUAGE RELATING TO SUBSTANCE USE.
(a) Block Grants for Prevention and Treatment of Substance Use.--
Part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et
seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use'';
(2) in subpart II, by amending the subpart heading to read
as follows: ``Block Grants for Substance Use Prevention,
Treatment, and Recovery Services'';
(3) in section 1922(a) (42 U.S.C. 300x-22(a))--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``substance abuse'' and
inserting ``substance use disorders''; and
(B) by striking ``such abuse'' each place it
appears in paragraphs (1) and (2) and inserting ``such
disorders'';
(4) in section 1923 (42 U.S.C. 300x-23)--
(A) in the section heading, by striking ``substance
abuse'' and inserting ``substance use''; and
(B) in subsection (a), by striking ``drug abuse''
and inserting ``substance use disorders'';
(5) in section 1925(a)(1) (42 U.S.C. 300x-25(a)(1)), by
striking ``alcohol or drug abuse'' and inserting ``alcohol or
other substance use disorders'';
(6) in section 1926(b)(2)(B) (42 U.S.C. 300x-26(b)(2)(B)),
by striking ``substance abuse'';
(7) in section 1931(b)(2) (42 U.S.C. 300x-31(b)(2)), by
striking ``substance abuse'' and inserting ``substance use
disorders'';
(8) in section 1933(d)(1) (42 U.S.C. 300x-33(d)), in the
matter following subparagraph (B), by striking ``abuse of
alcohol and other drugs'' and inserting ``use of substances'';
(9) by amending paragraph (4) of section 1934 (42 U.S.C.
300x-34) to read as follows:
``(4) The term `substance use disorder' means the recurrent
use of alcohol or other drugs that causes clinically
significant impairment.'';
(10) in section 1935 (42 U.S.C. 300x-35)--
(A) in subsection (a), by striking ``substance
abuse'' and inserting ``substance use disorders''; and
(B) in subsection (b)(1), by striking ``substance
abuse'' each place it appears and inserting ``substance
use disorders'';
(11) in section 1949 (42 U.S.C. 300x-59), by striking
``substance abuse'' each place it appears in subsections (a)
and (d) and inserting ``substance use disorders'';
(12) in section 1954(b)(4) (42 U.S.C. 300x-64(b)(4))--
(A) by striking ``substance abuse'' and inserting
``substance use disorders''; and
(B) by striking ``such abuse'' and inserting ``such
disorders''; and
(13) in section 1956 (42 U.S.C. 300x-66), by striking
``substance abuse'' and inserting ``substance use disorders''.
(b) Certain Programs Regarding Mental Health and Substance Abuse.--
Part C of title XIX of the Public Health Service Act (42 U.S.C. 300y et
seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use'';
(2) in section 1971 (42 U.S.C. 300y), by striking
``substance abuse'' each place it appears in subsections (a),
(b), and (f) and inserting ``substance use''; and
(3) in section 1976 (42 U.S.C. 300y-11), by striking
``intravenous abuse'' each place it appears and inserting
``intravenous use''.
SEC. 1242. AUTHORIZED ACTIVITIES.
Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-
21(b)) is amended by striking ``activities to prevent and treat
substance use disorders'' and inserting ``activities to prevent, treat,
and provide recovery support services for substance use disorders''.
SEC. 1243. STATE PLAN REQUIREMENTS.
Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C.
300x-32(b)(1)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as clauses
(vii) through (x), respectively;
(2) by inserting after clause (v) the following:
``(vi) provides a description of--
``(I) the State's comprehensive
statewide recovery support services
activities, including the number of
individuals being served, target
populations, workforce capacity
(consistent with clause (viii)), and
priority needs; and
``(II) the amount of funds received
under this subpart expended on recovery
support services, disaggregated by the
amount expended for type of service
activity;''; and
(3) in clause (viii), as so redesignated, by striking
``disorders workforce'' and inserting ``disorders workforce,
including with respect to prevention, treatment, and
recovery,''.
SEC. 1244. UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.
Section 1933(d) of the Public Health Service Act (42 U.S.C. 300x-
33(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``of an Indian tribe or
tribal organization'' and inserting ``of an
Indian Tribe or Tribal organization''; and
(ii) by striking ``such tribe'' and
inserting ``such Tribe'';
(B) in subparagraph (B)--
(i) by striking ``tribe or tribal
organization'' and inserting ``Tribe or Tribal
organization''; and
(ii) by striking ``Secretary under this''
and inserting ``Secretary under this subpart'';
and
(C) in the matter following subparagraph (B), by
striking ``tribe or tribal organization'' and inserting
``Tribe or Tribal organization'';
(2) by amending paragraph (2) to read as follows:
``(2) Indian tribe or tribal organization as grantee.--The
amount reserved by the Secretary on the basis of a
determination under this subsection shall be granted to the
Indian Tribe or Tribal organization serving the individuals for
whom such a determination has been made.'';
(3) in paragraph (3), by striking ``tribe or tribal
organization'' and inserting ``Tribe or Tribal organization'';
and
(4) in paragraph (4)--
(A) in the paragraph heading, by striking
``Definition'' and inserting ``Definitions''; and
(B) by striking ``The terms'' and all that follows
through ``given such terms'' and inserting the
following: ``The terms `Indian Tribe' and `Tribal
organization' have the meanings given the terms `Indian
tribe' and `tribal organization'''.
SEC. 1245. BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREATMENT, AND
RECOVERY SERVICES.
(a) In General.--Section 1935(a) of the Public Health Service Act
(42 U.S.C. 300x-35(a)), as amended by section 1241, is further amended
by striking ``appropriated'' and all that follows through ``2022..''
and inserting the following: ``appropriated $1,908,079,000 for each of
fiscal years 2023 through 2027.''.
(b) Technical Corrections.--Section 1935(b)(1)(B) of the Public
Health Service Act (42 U.S.C. 300x-35(b)(1)(B)) is amended by striking
``the collection of data in this paragraph is''.
SEC. 1246. REQUIREMENT OF REPORTS AND AUDITS BY STATES.
Section 1942(a) of the Public Health Service Act (42 U.S.C. 300x-
52(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the amount provided to each recipient in the previous
fiscal year.''.
SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use (in
this section referred to as the ``Secretary''), shall, in consultation
with States and other local entities providing prevention, treatment,
or recovery support services related to substance use, conduct a study
on strategies to assess community needs with respect to such services
in order to facilitate State use of block grant funding received under
subpart II of part B of title XIX of the Public Health Service Act (42
U.S.C. 300x-21 et seq.) to provide services to substance use disorder
prevention, treatment, and recovery support. The study shall, where
feasible and appropriate, include estimates of resources for community
needs strategies respective to prevention, treatment, or recovery
support services.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on the
results of the study conducted under subsection (a).
CHAPTER 5--TIMELY TREATMENT FOR OPIOID USE DISORDER
SEC. 1251. STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE DISORDER
THROUGH OPIOID TREATMENT PROGRAMS DURING THE COVID-19
PUBLIC HEALTH EMERGENCY.
(a) Study.--The Assistant Secretary for Mental Health and Substance
Use shall conduct a study, in consultation with patients and other
stakeholders, on activities carried out pursuant to exemptions
granted--
(1) to a State (including the District of Columbia or any
territory of the United States) or an opioid treatment program;
(2) pursuant to section 8.11(h) of title 42, Code of
Federal Regulations; and
(3) during the period--
(A) beginning on the declaration of the public
health emergency for the COVID-19 pandemic under
section 319 of the Public Health Service Act (42 U.S.C.
247d); and
(B) ending on the earlier of--
(i) the termination of such public health
emergency, including extensions thereof
pursuant to such section 319; and
(ii) the end of calendar year 2022.
(b) Privacy.--The section does not authorize the disclosure by the
Department of Health and Human Services of individually identifiable
information about patients.
(c) Feedback.--In conducting the study under subsection (a), the
Assistant Secretary for Mental Health and Substance Use shall gather
feedback from the States and opioid treatment programs on their
experiences in implementing exemptions described in subsection (a).
(d) Report.--Not later than 180 days after the end of the period
described in subsection (a)(3)(B), and subject to subsection (c), the
Assistant Secretary for Mental Health and Substance Use shall publish a
report on the results of the study under this section.
SEC. 1252. CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.
(a) Mobile Medication Units.--Section 302(e) of the Controlled
Substances Act (21 U.S.C. 822(e)) is amended by adding at the end the
following:
``(3) Notwithstanding paragraph (1), a registrant that is
dispensing pursuant to section 303(g) narcotic drugs to individuals for
maintenance treatment or detoxification treatment shall not be required
to have a separate registration to incorporate one or more mobile
medication units into the registrant's practice to dispense such
narcotics at locations other than the registrant's principal place of
business or professional practice described in paragraph (1), so long
as the registrant meets such standards for operation of a mobile
medication unit as the Attorney General may establish.''.
(b) Revise Opioid Treatment Program Admission Criteria to Eliminate
Requirement That Patients Have an Opioid Use Disorder for at Least 1
Year.--Not later than 18 months after the date of enactment of this
Act, the Secretary of Health and Human Services shall revise section
8.12(e)(1) of title 42, Code of Federal Regulations (or successor
regulations), to eliminate the requirement that an opioid treatment
program only admit an individual for treatment under the program if the
individual has been addicted to opioids for at least 1 year before
being so admitted for treatment.
CHAPTER 6--ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT
SEC. 1261. PROHIBITION.
Notwithstanding any provision of this title and the amendments made
by this title, no funds made available to carry out this title or any
amendment made by this title shall be used to purchase, procure, or
distribute pipes or cylindrical objects intended to be used to smoke or
inhale illegal scheduled substances.
SEC. 1262. ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING NARCOTIC
DRUGS IN SCHEDULE III, IV, AND V FOR MAINTENANCE OR
DETOXIFICATION TREATMENT.
(a) In General.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(g)(1) Except as provided in paragraph
(2), practitioners who dispense narcotic drugs to individuals
for maintenance treatment or detoxification treatment'' and
inserting ``(g) Practitioners who dispense narcotic drugs
(other than narcotic drugs in schedule III, IV, or V) to
individuals for maintenance treatment or detoxification
treatment'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(4) in paragraph (2), as so redesignated--
(A) by striking ``(i) security of stocks'' and
inserting ``(A) security of stocks''; and
(B) by striking ``(ii) the maintenance of records''
and inserting ``(B) the maintenance of records''.
(b) Conforming Changes.--
(1) Subsections (a) and (d)(1) of section 304 of the
Controlled Substances Act (21 U.S.C. 824) are each amended by
striking ``303(g)(1)'' each place it appears and inserting
``303(g)''.
(2) Section 309A(a)(2) of the Controlled Substances Act (21
U.S.C. 829a) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``the controlled substance is to be
administered for the purpose of maintenance or
detoxification treatment under section 303(g)(2)'' and
inserting ``the controlled substance is a narcotic drug
in schedule III, IV, or V to be administered for the
purpose of maintenance or detoxification treatment'';
and
(B) by striking ``and--'' and all that follows
through ``is to be administered by injection or
implantation;'' and inserting ``and is to be
administered by injection or implantation;''.
(3) Section 520E-4(c) of the Public Health Service Act (42
U.S.C. 290bb-36d(c)) is amended by striking ``information on
any qualified practitioner that is certified to prescribe
medication for opioid dependency under section 303(g)(2)(B) of
the Controlled Substances Act'' and inserting ``information on
any practitioner who prescribes narcotic drugs in schedule III,
IV, or V of section 202 of the Controlled Substances Act for
the purpose of maintenance or detoxification treatment''.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd-3), as added by section 1219(a)(2), is amended by
striking ``any practitioner dispensing narcotic drugs pursuant
to section 303(g) of the Controlled Substances Act'' and
inserting ``any practitioner dispensing narcotic drugs for the
purpose of maintenance or detoxification treatment''.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42
U.S.C. 1395l(bb)(3)(B)) is amended by striking ``first receives
a waiver under section 303(g) of the Controlled Substances Act
on or after January 1, 2019'' and inserting ``first begins
prescribing narcotic drugs in schedule III, IV, or V of section
202 of the Controlled Substances Act for the purpose of
maintenance or detoxification treatment on or after January 1,
2021''.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first
receives a waiver under section 303(g) of the Controlled
Substances Act on or after January 1, 2019'' and inserting
``first begins prescribing narcotic drugs in schedule III, IV,
or V of section 202 of the Controlled Substances Act for the
purpose of maintenance or detoxification treatment on or after
January 1, 2021''.
(7) Section 1866F(c)(3) of the Social Security Act (42
U.S.C. 1395cc-6(c)(3)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended--
(A) in clause (i), by adding ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO COMPLETE
TRAINING.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
``(l) Required Training for Prescribers.--
``(1) Training required.--As a condition on registration
under this section to dispense controlled substances in
schedule II, III, IV, or V, the Attorney General shall require
any qualified practitioner, beginning with the first applicable
registration for the practitioner, to meet the following:
``(A) If the practitioner is a physician (as
defined under section 1861(r) of the Social Security
Act) and the practitioner meets one or more of the
following conditions:
``(i) The physician holds a board
certification in addiction psychiatry or
addiction medicine from the American Board of
Medical Specialties.
``(ii) The physician holds a board
certification from the American Board of
Addiction Medicine.
``(iii) The physician holds a board
certification in addiction medicine from the
American Osteopathic Association.
``(iv) The physician has, with respect to
the treatment and management of patients with
opioid or other substance use disorders, or the
safe pharmacological management of dental pain
and screening, brief intervention, and referral
for appropriate treatment of patients with or
at risk of developing opioid or other substance
use disorders, completed not less than 8 hours
of training (through classroom situations,
seminars at professional society meetings,
electronic communications, or otherwise) that
is provided by--
``(I) the American Society of
Addiction Medicine, the American
Academy of Addiction Psychiatry, the
American Medical Association, the
American Osteopathic Association, the
American Dental Association, the
American Association of Oral and
Maxillofacial Surgeons, the American
Psychiatric Association, or any other
organization accredited by the
Accreditation Council for Continuing
Medical Education (ACCME) or the
Commission for Continuing Education
Provider Recognition (CCEPR);
``(II) any organization accredited
by a State medical society accreditor
that is recognized by the ACCME or the
CCEPR;
``(III) any organization accredited
by the American Osteopathic Association
to provide continuing medical
education; or
``(IV) any organization approved by
the Assistant Secretary for Mental
Health and Substance Use, the ACCME, or
the CCEPR.
``(v) The physician graduated in good
standing from an accredited school of
allopathic medicine, osteopathic medicine,
dental surgery, or dental medicine in the
United States during the 5-year period
immediately preceding the date on which the
physician first registers or renews under this
section and has successfully completed a
comprehensive allopathic or osteopathic
medicine curriculum or accredited medical
residency or dental surgery or dental medicine
curriculum that included not less than 8 hours
of training on--
``(I) treating and managing
patients with opioid or other substance
use disorders, including the
appropriate clinical use of all drugs
approved by the Food and Drug
Administration for the treatment of a
substance use disorder; or
``(II) the safe pharmacological
management of dental pain and
screening, brief intervention, and
referral for appropriate treatment of
patients with or at risk of developing
opioid and other substance use
disorders.
``(B) If the practitioner is not a physician (as
defined under section 1861(r) of the Social Security
Act), the practitioner is legally authorized by the
State to dispense controlled substances under schedule
II, III, IV, or V and is dispensing such substances
within such State in accordance with all applicable
State laws, and the practitioner meets one or more of
the following conditions:
``(i) The practitioner has completed not
fewer than 8 hours of training with respect to
the treatment and management of patients with
opioid or other substance use disorders
(through classroom situations, seminars at
professional society meetings, electronic
communications, or otherwise) provided by the
American Society of Addiction Medicine, the
American Academy of Addiction Psychiatry, the
American Medical Association, the American
Osteopathic Association, the American Nurses
Credentialing Center, the American Psychiatric
Association, the American Association of Nurse
Practitioners, the American Academy of
Physician Associates, or any other organization
approved or accredited by the Assistant
Secretary for Mental Health and Substance Use
or the Accreditation Council for Continuing
Medical Education.
``(ii) The practitioner has graduated in
good standing from an accredited physician
assistant school or accredited school of
advanced practice nursing in the United States
during the 5-year period immediately preceding
the date on which the practitioner first
registers or renews under this section and has
successfully completed a comprehensive
physician assistant or advanced practice
nursing curriculum that included not fewer than
8 hours of training on treating and managing
patients with opioid and other substance use
disorders, including the appropriate clinical
use of all drugs approved by the Food and Drug
Administration for the treatment of a substance
use disorder.
``(2) One-time training.--
``(A) In general.--The Attorney General shall not
require any qualified practitioner to complete the
training described in clause (iv) or (v) of paragraph
(1)(A) or clause (i) or (ii) of paragraph (1)(B) more
than once.
``(B) Notification.--Not later than 90 days after
the date of the enactment of the Restoring Hope for
Mental Health and Well-Being Act of 2022, the Attorney
General shall provide to qualified practitioners a
single written, electronic notification of the training
described in clauses (iv) and (v) of paragraph (1)(A)
or clauses (i) and (ii) of paragraph (1)(B).
``(3) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to preclude the use, by a qualified
practitioner, of training received pursuant to this
subsection to satisfy registration requirements of a
State or for some other lawful purpose; or
``(B) to preempt any additional requirements by a
State related to the dispensing of controlled
substances under schedule II, III, IV, or V.
``(4) Definitions.--In this section:
``(A) First applicable registration.--The term
`first applicable registration' means the first
registration or renewal of registration by a qualified
practitioner under this section that occurs on or after
the date that is 180 days after the date of enactment
of the Restoring Hope for Mental Health and Well-Being
Act of 2022.
``(B) Qualified practitioner.--In this subsection,
the term `qualified practitioner' means a practitioner
who--
``(i) is licensed under State law to
prescribe controlled substances; and
``(ii) is not solely a veterinarian.''.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary, in consultation with the Attorney General,
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing the impact of the elimination of the
waiver program established under section 303(g)(2) of the Controlled
Substances Act (21 U.S.C. 823(g)(2)), as amended by the Drug Addiction
Treatment Act of 2000.
SEC. 1264. INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED
SUBSTANCES MUST BE ADMINISTERED.
Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C.
829a(a)(5)) is amended by striking ``14 days'' and inserting ``45
days''.
CHAPTER 7--OPIOID CRISIS RESPONSE
SEC. 1271. OPIOID PRESCRIPTION VERIFICATION.
(a) Materials for Training Pharmacists on Certain Circumstances
Under Which a Pharmacist May Decline to Fill a Prescription.--
(1) Updates to materials.--Section 3212(a) of the SUPPORT
for Patients and Communities Act (21 U.S.C. 829 note) is
amended by striking ``Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Administrator of the Drug
Enforcement Administration, Commissioner of Food and Drugs,
Director of the Centers for Disease Control and Prevention, and
Assistant Secretary for Mental Health and Substance Use, shall
develop and disseminate'' and inserting ``The Secretary of
Health and Human Services, in consultation with the
Administrator of the Drug Enforcement Administration,
Commissioner of Food and Drugs, Director of the Centers for
Disease Control and Prevention, and Assistant Secretary for
Mental Health and Substance Use, shall develop and disseminate
not later than 1 year after the date of enactment of the
Restoring Hope for Mental Health and Well-Being Act of 2022,
and update periodically thereafter''.
(2) Materials included.--Section 3212(b) of the SUPPORT for
Patients and Communities Act (21 U.S.C. 829 note) is amended--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) pharmacists on how to verify the identity of the
patient;''.
(3) Materials for training on patient verification .--
Section 3212 of the SUPPORT for Patients and Communities Act
(21 U.S.C. 829 note) is amended by adding at the end the
following new subsection:
``(d) Materials for Training on Verification of Identity.--Not
later than 1 year after the date of enactment of this subsection, the
Secretary of Health and Human Services, after seeking stakeholder input
in accordance with subsection (c), shall--
``(1) update the materials developed under subsection (a)
to include information for pharmacists on how to verify the
identity of the patient; and
``(2) disseminate, as appropriate, the updated
materials.''.
(b) Incentivizing States To Build or Maintain Prescription Drug
Monitoring Programs.--
(1) In general.--Section 392A of the Public Health Service
Act (42 U.S.C. 280b-1) is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Priority.--In awarding grants to States under subsections (a)
and (b), the Director of the Centers for Disease Control and Prevention
may give priority to jurisdictions with a disproportionately high rate
of drug overdoses or drug overdose deaths, as applicable.''.
(2) Conforming change.--Section 392A of the Public Health
Service Act (42 U.S.C. 280b-1) is amended by striking ``Indian
tribes'' each place it appears and inserting ``Indian Tribes''.
SEC. 1272. SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER AWARENESS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall provide for the planning and
implementation of a public education campaign to raise public awareness
of synthetic opioids (including fentanyl and its analogues) and
emerging drug use and misuse issues, as appropriate. Such campaign
related to synthetic opioids shall include the dissemination of
information that--
(1) promotes awareness about the potency and dangers of
fentanyl and its analogues and other synthetic opioids;
(2) explains services provided by the Substance Abuse and
Mental Health Services Administration and the Centers for
Disease Control and Prevention (and any entity providing such
services under a contract entered into with such agencies) with
respect to the use and misuse of opioids (including synthetic
opioids) and other emerging drug threats, such as stimulants,
as appropriate; and
(3) relates generally to opioid use and pain management,
including information on alternative, nonopioid pain management
treatments.
The Secretary shall update such campaign to address emerging drug
misuse issues, as appropriate.
(b) Use of Media.--The campaign under subsection (a) may be
implemented through the use of television, radio, internet, in-person
public communications, and other commercial marketing venues and may be
targeted to specific demographic groups.
(c) Consideration of Report Findings.--In planning and implementing
the public education campaign under subsection (a) related to synthetic
opioids, the Secretary shall take into consideration the findings of
the report required under section 7001 of the SUPPORT for Patients and
Communities Act (Public Law 115-271).
(d) Consultation.--In coordinating the campaign under subsection
(a), the Secretary shall consult with the Assistant Secretary for
Mental Health and Substance Use to provide ongoing advice on the
effectiveness of information disseminated through the campaign.
(e) Requirement of Campaign.--The campaign implemented under
subsection (a) shall not be duplicative of any other Federal efforts
relating to eliminating substance use and misuse.
(f) Evaluation.--
(1) In general.--The Secretary shall ensure that the
campaign implemented under subsection (a) is subject to an
independent evaluation, beginning 2 years after the date of
enactment of this Act, and 2 years thereafter.
(2) Measures and benchmarks.--For purposes of an evaluation
conducted pursuant to paragraph (1), the Secretary shall--
(A) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the campaign
under this section; and
(B) conduct qualitative assessments regarding the
effectiveness of strategies employed under this
section.
(g) Report.--The Secretary shall, beginning 2 years after the date
of enactment of this Act, and 2 years thereafter, submit to Congress a
report on the effectiveness of the campaign implemented under
subsection (a) towards meeting the measures and benchmarks established
under subsection (f)(2).
(h) Dissemination of Information Through Providers.--The Secretary
shall develop and implement a plan for the dissemination of information
related to synthetic opioids, to health care providers who participate
in Federal programs, including programs administered by the Department
of Health and Human Services, the Indian Health Service, the Department
of Veterans Affairs, the Department of Defense, and the Health
Resources and Services Administration, the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and the
Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).
(i) Training Guide and Outreach on Synthetic Opioid Exposure
Prevention.--
(1) Training guide.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall design,
publish, and make publicly available on the internet website of
the Department of Health and Human Services, a training guide
and webinar for first responders and other individuals who also
may be at high risk of exposure to synthetic opioids that
details measures to prevent that exposure.
(2) Outreach.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall also conduct
outreach about the availability of the training guide and
webinar published under paragraph (1) to--
(A) fire department staff;
(B) law enforcement officers;
(C) ambulance transport and other first responders;
(D) hospital emergency department personnel; and
(E) other high-risk occupations, as identified by
the Secretary.
SEC. 1273. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE
DISORDERS.
Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-3 note)
is amended to read as follows:
``SEC. 1003. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE
DISORDERS.
``(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the `Secretary') shall carry out the
grant program described in subsection (b) for purposes of addressing
opioid misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders, within States, Indian Tribes, and
populations served by Tribal organizations and Urban Indian
organizations.
``(b) Grants Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall award grants to the single
State agency responsible for administering the substance use
prevention, treatment, and recovery services block grant under
subpart II of part B of title XIX of the Public Health Service
Act (42 U.S.C. 300x-21 et seq.), Indian Tribes, and Tribal
organizations for the purpose of addressing opioid misuse and
use disorders, and as applicable and appropriate, stimulant
misuse and use disorders, within such States, such Indian
Tribes, and populations served by such Tribal organizations, in
accordance with paragraph (2). Indian Tribes or Tribal
organizations may also apply for an award as part of a
consortia or may include in an application a partnership with
an Urban Indian organization.
``(2) Minimum allocations.--Notwithstanding subsection
(i)(3), in determining grant amounts for each recipient of a
grant under paragraph (1), the Secretary shall ensure that each
State and the District of Columbia receive not less than
$4,000,000 and ensure that each Territory receives not less
than $250,000.
``(3) Formula methodology.--
``(A) In general.--At least 30 days before
publishing a funding opportunity announcement with
respect to grants under this section, the Secretary
shall--
``(i) develop a formula methodology to be
followed in allocating grant funds awarded
under this section among grantees, which, where
applicable and appropriate based on populations
being served by the relevant entity--
``(I) with respect to allocations
for States, gives preference to States
whose populations have a prevalence of
opioid misuse and use disorders or drug
overdose deaths that is substantially
higher relative to the populations of
other States;
``(II) with respect to allocations
for Tribes and Tribal organizations,
gives preferences to Tribes and Tribal
organizations (including those applying
in partnership with an Urban Indian
organization) serving populations with
demonstrated need with respect to
opioid misuse and use disorders or drug
overdose deaths;
``(III) includes performance
assessments for continuation awards;
and
``(IV) ensures that the formula
avoids a funding cliff between States
with similar overdose mortality rates
to prevent funding reductions when
compared to prior year allocations, as
determined by the Secretary; and
``(ii) not later than 30 days after
developing the formula methodology under clause
(i), submit the formula methodology to--
``(I) the Committee on Health,
Education, Labor, and Pensions and the
Committee on Appropriations of the
Senate; and
``(II) the Committee on Energy and
Commerce and the Committee on
Appropriations of the House of
Representatives.
``(B) Report.--Not later than two years after the
date of the enactment of the Restoring Hope for Mental
Health and Well-Being Act of 2022, the Comptroller
General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that--
``(i) assesses how grant funding is
allocated to States under this section and how
such allocations have changed over time;
``(ii) assesses how any changes in funding
under this section have affected the efforts of
States to address opioid misuse and use
disorders and, as applicable and appropriate,
stimulant misuse and use disorders; and
``(iii) assesses the use of funding
provided through the grant program under this
section and other similar grant programs
administered by the Substance Abuse and Mental
Health Services Administration.
``(4) Use of funds.--Grants awarded under this subsection
shall be used for carrying out activities that supplement
activities pertaining to opioid misuse and use disorders and,
as applicable and appropriate, stimulant misuse and use
disorders (including co-occurring substance misuse and use
disorders), undertaken by the entities described in paragraph
(1), which may include public health-related activities such as
the following:
``(A) Implementing substance use disorder and
overdose prevention activities, including primary
prevention activities, and evaluating such activities
to identify effective strategies to prevent substance
use disorders and overdoses, which may include drugs or
devices approved, cleared, or otherwise legally
marketed under the Federal Food, Drug, and Cosmetic
Act.
``(B) Establishing or improving prescription drug
monitoring programs.
``(C) Training for health care practitioners, such
as best practices for prescribing opioids, pain
management, recognizing potential cases of substance
use disorders, referral of patients to treatment
programs, preventing diversion of controlled
substances, and overdose prevention.
``(D) Supporting access to and the provision of
substance use disorder-related health care services,
including--
``(i) services provided by federally
certified opioid treatment programs;
``(ii) services provided in outpatient and
residential substance use disorder treatment
programs or facilities, including those that
utilize medication-assisted treatment, as
appropriate; or
``(iii) services provided by other
appropriate health care providers to treat
substance use disorders, including crisis
services and services provided in integrated
health care settings by appropriate health care
providers that treat substance use disorders.
``(E) Recovery support services, including--
``(i) community-based services that include
education, outreach, and peer supports such as
peer support specialists and recovery coaches
to help support recovery;
``(ii) mutual aid recovery programs that
support medication-assisted treatment;
``(iii) services to address housing needs;
or
``(iv) services related to supporting
families that include an individual with a
substance use disorder.
``(F) Other public health-related activities, as
such entity determines appropriate, related to
addressing opioid misuse and use disorders and, as
applicable and appropriate, stimulant misuse and use
disorders, within such entity, including directing
resources in accordance with local needs related to
substance use disorders.
``(c) Accountability and Oversight.--A State receiving a grant
under subsection (b) shall submit to the Secretary a description of--
``(1) the purposes for which the grant funds received by
the State under such subsection for the preceding fiscal year
were expended and a description of the activities of the State
under the grant;
``(2) the ultimate recipients of amounts provided to the
State;
``(3) the number of individuals served through the grant;
and
``(4) such other information as determined appropriate by
the Secretary.
``(d) Limitations.--Any funds made available pursuant to subsection
(i) shall not be used for any purpose other than the grant program
under subsection (b).
``(e) Indian Tribes and Tribal Organizations.--The Secretary, in
consultation with Indian Tribes and Tribal organizations, shall
identify and establish appropriate mechanisms for Indian Tribes and
Tribal organizations to demonstrate or report the information as
required under subsections (b), (c), and (d).
``(f) Report to Congress.--Not later than September 30, 2024, and
biennially thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and the
Committees on Appropriations of the House of Representatives and the
Senate, a report that includes a summary of the information provided to
the Secretary in reports made pursuant to subsections (c) and (d),
including--
``(1) the purposes for which grant funds are awarded under
this section;
``(2) the activities of the grant recipients; and
``(3) each entity that receives a grant under this section,
including the funding level provided to such recipient.
``(g) Technical Assistance.--The Secretary, including through the
Tribal Training and Technical Assistance Center of the Substance Abuse
and Mental Health Services Administration, as applicable, shall provide
entities described in subsection (b)(1) with technical assistance
concerning grant application and submission procedures under this
section, award management activities, and enhancing outreach and direct
support to rural and underserved communities and providers in
addressing substance use disorders.
``(h) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in section
4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
``(3) State.--The term `State' has the meaning given such
term in section 1954(b) of the Public Health Service Act (42
U.S.C. 300x-64(b)).
``(4) Urban indian organization.--The term `Urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.
``(i) Authorization of Appropriations.--
``(1) In general.--For purposes of carrying out the grant
program under subsection (b), there is authorized to be
appropriated $1,750,000,000 for each of fiscal years 2023
through 2027.
``(2) Federal administrative expenses.--Of the amounts made
available for each fiscal year to award grants under subsection
(b), the Secretary shall not use more than 2 percent for
Federal administrative expenses, training, technical
assistance, and evaluation.
``(3) Set aside.--Of the amounts made available for each
fiscal year to award grants under subsection (b) for a fiscal
year, the Secretary shall--
``(A) award not more than 5 percent to Indian
Tribes and Tribal organizations; and
``(B) of the amount remaining after application of
subparagraph (A), set aside up to 15 percent for awards
to States with the highest age-adjusted rate of drug
overdose death based on the ordinal ranking of States
according to the Director of the Centers for Disease
Control and Prevention.''.
Subtitle C--Access to Mental Health Care and Coverage
CHAPTER 1--IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES
SEC. 1301. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES.
Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42)
is amended to read as follows:
``SEC. 520K. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State, or an appropriate State agency, in collaboration with--
``(A) 1 or more qualified community programs as
described in section 1913(b)(1); or
``(B) 1 or more health centers (as defined in
section 330(a)), rural health clinics (as defined in
section 1861(aa) of the Social Security Act), or
Federally qualified health centers (as defined in such
section), or primary care practices serving adult or
pediatric patients or both.
``(2) Integrated care; bidirectional integrated care.--
``(A) The term `integrated care' means
collaborative models, including the psychiatric
collaborative care model and other evidence-based or
evidence-informed models, or practices for coordinating
and jointly delivering behavioral and physical health
services, which may include practices that share the
same space in the same facility.
``(B) The term `bidirectional integrated care'
means the integration of behavioral health care and
specialty physical health care, and the integration of
primary and physical health care within specialty
behavioral health settings, including within primary
health care settings.
``(3) Psychiatric collaborative care model.--The term
`psychiatric collaborative care model' means the evidence-
based, integrated behavioral health service delivery method
that includes--
``(A) care directed by the primary care team;
``(B) structured care management;
``(C) regular assessments of clinical status using
developmentally appropriate, validated tools; and
``(D) modification of treatment as appropriate.
``(4) Special population.--The term `special population'
means--
``(A) adults with a serious mental illness or
adults who have co-occurring mental illness and
physical health conditions or chronic disease;
``(B) children and adolescents with a serious
emotional disturbance who have a co-occurring physical
health condition or chronic disease;
``(C) individuals with a substance use disorder; or
``(D) individuals with a mental illness who have a
co-occurring substance use disorder.
``(b) Grants and Cooperative Agreements.--
``(1) In general.--The Secretary may award grants and
cooperative agreements to eligible entities to support the
improvement of integrated care for physical and behavioral
health care in accordance with paragraph (2).
``(2) Use of funds.--A grant or cooperative agreement
awarded under this section shall be used--
``(A) to promote full integration and collaboration
in clinical practices between physical and behavioral
health care, including for special populations;
``(B) to support the improvement of integrated care
models for physical and behavioral health care to
improve overall wellness and physical health status,
including for special populations;
``(C) to promote the implementation and improvement
of bidirectional integrated care services provided at
entities described in subsection (a)(1), including
evidence-based or evidence-informed screening,
assessment, diagnosis, prevention, treatment, and
recovery services for mental and substance use
disorders, and co-occurring physical health conditions
and chronic diseases; and
``(D) in the case of an eligible entity that is
collaborating with a primary care practice, to support
the implementation of evidence-based or evidence-
informed integrated care models, including the
psychiatric collaborative care model, including--
``(i) by hiring staff;
``(ii) by identifying and formalizing
contractual relationships with other health
care providers or other relevant entities
offering care management and behavioral health
consultation to facilitate the adoption of
integrated care, including, as applicable,
providers who will function as psychiatric
consultants and behavioral health care managers
in providing behavioral health integration
services through the collaborative care model;
``(iii) by purchasing or upgrading software
and other resources, as applicable, needed to
appropriately provide behavioral health
integration, including resources needed to
establish a patient registry and implement
measurement-based care; and
``(iv) for such other purposes as the
Secretary determines to be applicable and
appropriate.
``(c) Applications.--
``(1) In general.--An eligible entity that is seeking a
grant or cooperative agreement under this section shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require, including the contents described in paragraph (2).
``(2) Contents for awards.--Any such application of an
eligible entity seeking a grant or cooperative agreement under
this section shall include, as applicable--
``(A) a description of a plan to achieve fully
collaborative agreements to provide bidirectional
integrated care to special populations;
``(B) a summary of the policies, if any, that are
barriers to the provision of integrated care, and the
specific steps, if applicable, that will be taken to
address such barriers;
``(C) a description of partnerships or other
arrangements with local health care providers to
provide services to special populations and, as
applicable, in areas with demonstrated need, such as
Tribal, rural, or other medically underserved
communities, such as those with a workforce shortage of
mental health and substance use disorder, pediatric
mental health, or other related professionals;
``(D) an agreement and plan to report to the
Secretary performance measures necessary to evaluate
patient outcomes and facilitate evaluations across
participating projects; and
``(E) a description of the plan or progress in
implementing the psychiatric collaborative care model,
as applicable and appropriate;
``(F) a description of the plan or progress of
evidence-based or evidence-informed integrated care
models other than the psychiatric collaborative care
model implemented by primary care practices, as
applicable and appropriate; and
``(G) a plan for sustainability beyond the grant or
cooperative agreement period under subsection (e).
``(d) Grant and Cooperative Agreement Amounts.--
``(1) Target amount.--The target amount that an eligible
entity may receive for a year through a grant or cooperative
agreement under this section shall be no more than $2,000,000.
``(2) Adjustment permitted.--The Secretary, taking into
consideration the quality of an eligible entity's application
and the number of eligible entities that received grants under
this section prior to the date of enactment of the Restoring
Hope for Mental Health and Well-Being Act of 2022, may adjust
the target amount that an eligible entity may receive for a
year through a grant or cooperative agreement under this
section.
``(3) Limitation.--An eligible entity that is receiving
funding under subsection (b)--
``(A) may not allocate more than 10 percent of the
funds awarded to such eligible entity under this
section to administrative functions; and
``(B) shall allocate the remainder of such funding
to health facilities that provide integrated care.
``(e) Duration.--A grant or cooperative agreement under this
section shall be for a period not to exceed 5 years.
``(f) Report on Program Outcomes.--An eligible entity receiving a
grant or cooperative agreement under this section shall submit an
annual report to the Secretary. Such annual report shall include--
``(1) the progress made to reduce barriers to integrated
care as described in the entity's application under subsection
(c);
``(2) a description of outcomes with respect to each
special population listed in subsection (a)(4), including
outcomes related to education, employment, and housing, or, as
applicable and appropriate, outcomes for such populations
receiving behavioral health care through the psychiatric
collaborative care model in primary care practices; and
``(3) progress in meeting performance metrics and other
relevant benchmarks; and
``(4) such other information that the Secretary may
require.
``(g) Technical Assistance for Primary-behavioral Health Care
Integration.--
``(1) Certain recipients.--The Secretary may provide
appropriate information, training, and technical assistance to
eligible entities that receive a grant or cooperative agreement
under subsection (b)(2), in order to help such entities meet
the requirements of this section, including assistance with--
``(A) development and selection of integrated care
models;
``(B) dissemination of evidence-based interventions
in integrated care;
``(C) establishment of organizational practices to
support operational and administrative success; and
``(D) as appropriate, appropriate information,
training, and technical assistance in implementing the
psychiatric collaborative care model when an eligible
entity is collaborating with 1 or more primary care
practices for the purposes of implementing the
psychiatric collaborative care model.
``(2) Additional dissemination of technical information.--
In addition to providing the assistance described in paragraph
(1) to recipients of a grant or cooperative agreement under
this section, the Secretary may also provide such assistance to
other States and political subdivisions of States, Indian
Tribes and Tribal organizations, as those terms are defined in
section 4 of the Indian Self-Determination and Education
Assistance Act, outpatient mental health and addiction
treatment centers, community mental health centers that meet
the criteria under section 1913(c), certified community
behavioral health clinics described in section 223 of the
Protecting Access to Medicare Act of 2014, primary care
organizations such as Federally qualified health centers or
rural health clinics as defined in section 1861(aa) of the
Social Security Act, primary health care practices, the
community-based organizations, and other entities engaging in
integrated care activities, as the Secretary determines
appropriate.
``(h) Report to Congress.--Not later than 18 months after the date
of enactment of the Restoring Hope for Mental Health and Well-Being Act
of 2022, and annually thereafter, the Secretary shall submit a report
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives summarizing the information submitted in reports to the
Secretary under subsection (f), including progress made in meeting
performance metrics and the uptake of integrated care models, any
adjustments made to target amounts pursuant to subsection (d)(2), and
any other relevant information.
``(i) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $60,000,000 for
each of fiscal years 2023 through 2027.
``(2) Increasing uptake of the psychiatric collaborative
care model by primary care practices.--Not less than 10 percent
of funds appropriated to carry out this section shall be for
the purposes of implementing the psychiatric collaborative care
model implemented by primary care practices under subsection
(b).
``(3) Funding contingency.--Paragraph (2) shall not apply
to a fiscal year unless the amount made available to carry out
this section for such fiscal year exceeds the amount
appropriated to carry out this section (as in effect before the
date of enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022) for fiscal year 2022.''.
CHAPTER 2--HELPING ENABLE ACCESS TO LIFESAVING SERVICES
SEC. 1311. REAUTHORIZATION AND PROVISION OF CERTAIN PROGRAMS TO
STRENGTHEN THE HEALTH CARE WORKFORCE.
(a) Mental and Behavioral Health Education and Training Grants.--
Section 756 of the Public Health Service Act (42 U.S.C. 294e-1) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(which may
include master's and doctoral level programs)'' after
``occupational therapy''; and
(B) in paragraph (4), by inserting before the
period the following: ``, including training to
increase skills and capacity to meet the needs of
children and adolescents who have experienced trauma'';
and
(2) in subsection (f), by striking ``For each of fiscal
years 2019 through 2023'' and inserting ``For each of fiscal
years 2023 through 2027''.
(b) Training Demonstration Program.--Section 760 of the Public
Health Service Act (42 U.S.C. 294k) is amended--
(1) by striking ``mental and substance use disorders'' each
place it appears and inserting ``mental health and substance
use disorder'';
(2) in subsection (a)(2)--
(A) by inserting ``(including for individuals
completing clinical training requirements for
licensure)'' after ``training'';
(B) by inserting ``counselors, nurses,'' after
``psychologists,''; and
(C) by striking the semicolon and inserting ``,
including such settings that serve pediatric
populations;'';
(3) in subsection (a)(3)(A)--
(A) by striking ``disorder'' (as inserted by
paragraph (1)) and inserting ``disorders''; and
(B) by inserting ``or pediatric populations'' after
``addiction'';
(4) in subsection (b)(2)(A), by inserting ``(including such
settings that serve pediatric populations)'' after
``settings'';
(5) in subsection (c)(2)(F)--
(A) by inserting ``counselors, nurses,'' after
``psychologists''; and
(B) by striking the period and inserting ``,
including such entities that serve pediatric
populations.'';
(6) in subsection (d)(1)(A)--
(A) by inserting ``health service psychologists,
nurses'' after ``fellows,''; and
(B) by inserting ``counselors,'' after ``physician
assistants'';
(7) in subsection (d)(1)(B)--
(A) by inserting ``, which may include such
settings that serve pediatric populations'' after
``settings'';
(B) by inserting ``health'' after ``mental'';
(8) in subsection (d)(2)(C), inserting ``(which may include
trauma-informed care, as appropriate)'' after ``care'';
(9) in subsection (g), by striking ``$10,000,000 for each
of fiscal years 2018 through 2022'' and inserting ``, and
$31,700,000 for each of fiscal years 2023 through 2027''; and
(10) in subsection (f)(2)(B), by striking ``disorder'' (as
inserted by paragraph (1)) and inserting ``disorders''.
SEC. 1312. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.
Section 597(c) of the Public Health Service Act (42 U.S.C.
290ll(c)) is amended by striking ``$12,669,000 for each of fiscal years
2018 through 2022'' and inserting ``$25,000,000 for each of fiscal
years 2023 through 2027''.
CHAPTER 3--ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS
SEC. 1321. ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS.
Section 2722(a)(2) of the Public Health Service Act (42 U.S.C.
300gg-21(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Sunset of election option.--
``(i) In general.--Notwithstanding the
preceding provisions of this paragraph--
``(I) no election described in
subparagraph (A) with respect to
section 2726 may be made on or after
the date of the enactment of this
subparagraph; and
``(II) except as provided in clause
(ii), no such election with respect to
section 2726 expiring on or after the
date that is 180 days after the date of
such enactment may be renewed.
``(ii) Exception for certain collectively
bargained plans.--Notwithstanding clause
(i)(II), a plan described in subparagraph
(B)(ii) that is subject to multiple agreements
described in such subparagraph of varying
lengths and that has an election described in
subparagraph (A) with respect to section 2726
in effect as of the date of the enactment of
this subparagraph that expires on or after the
date that is 180 days after the date of such
enactment may extend such election until the
date on which the term of the last such
agreement expires.''.
CHAPTER 4--MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
IMPLEMENTATION
SEC. 1331. GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE DISORDER
PARITY IMPLEMENTATION.
(a) In General.--Section 2794(c) of the Public Health Service Act
(42 U.S.C. 300gg-94(c)) (as added by section 1003 of the Patient
Protection and Affordable Care Act (Public Law 111-148)) is amended by
adding at the end the following:
``(3) Parity implementation.--
``(A) In general.--Beginning during the first
fiscal year that begins after the date of enactment of
this paragraph, the Secretary shall, out of funds made
available pursuant to subparagraph (C), award grants to
eligible States to enforce and ensure compliance with
the mental health and substance use disorder parity
provisions of section 2726.
``(B) Eligible state.--A State shall be eligible
for a grant awarded under this paragraph only if such
State--
``(i) submits to the Secretary an
application for such grant at such time, in
such manner, and containing such information as
specified by the Secretary; and
``(ii) agrees to request and review from
health insurance issuers offering group or
individual health insurance coverage the
comparative analyses and other information
required of such health insurance issuers under
subsection (a)(8)(A) of section 2726 relating
to the design and application of
nonquantitative treatment limitations imposed
on mental health or substance use disorder
benefits.
``(C) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for each of
the first five fiscal years beginning after the date of
the enactment of this paragraph, to remain available
until expended, for purposes of awarding grants under
subparagraph (A).''.
(b) Technical Amendment.--Section 2794 of the Public Health Service
Act (42 U.S.C. 300gg-95), as added by section 6603 of the Patient
Protection and Affordable Care Act (Public Law 111-148) is redesignated
as section 2795.
Subtitle D--Children and Youth
CHAPTER 1--SUPPORTING CHILDREN'S MENTAL HEALTH CARE ACCESS
SEC. 1401. TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CENTERS.
Section 399Z-1 of the Public Health Service Act (42 U.S.C. 280h-5)
is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Technical Assistance.--The Secretary shall provide technical
assistance by grants or contracts awarded to private, nonprofit
entities with demonstrated expertise related to school-based health
centers. Such technical assistance, taking into account local and
regional differences among school based health centers, shall support
such entities in providing services described in subsection (a)(1)
pursuant to this section, including mental health and substance use
disorder services, and may include technical assistance relating to
program operations and support for the implementation of evidence-based
or evidence-informed best practices related to the provision of high
quality health care services to children and adolescents.''.
SEC. 1402. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION,
INTERVENTION, AND TREATMENT.
Section 399Z-2 of the Public Health Service Act (42 U.S.C. 280h-6)
is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Technical Assistance.--The Secretary may, directly or by
awarding grants or contracts to public and private nonprofit entities,
provide training and technical assistance to eligible entities to carry
out activities described in subsection (d).''; and
(3) in subsection (g) (as redesignated by paragraph (1)),
by striking ``$20,000,000 for the period of fiscal years 2018
through 2022'' and inserting ``$50,000,000 for the period of
fiscal years 2023 through 2027''.
SEC. 1403. CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN YOUTH
STUDY.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall--
(1) complete a study on the rates of suicidal behaviors
among children and adolescents with chronic illnesses,
including substance use disorders, autoimmune disorders, and
heritable blood disorders; and
(2) submit a report to the Congress on the results of such
study, including recommendations for early intervention
services for such children and adolescents at risk of suicide,
the dissemination of best practices to support the emotional
and mental health needs of youth, and strategies to lower the
rates of suicidal behaviors in children and adolescents
described in paragraph (1) to reduce any demographic
disparities in such rates.
SEC. 1404. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION
TEAMS.
The Public Health Service Act is amended by inserting after section
520H of such Act, as added by section 1151 of this Act, the following
new section:
``SEC. 520H-1. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH
INTERVENTION TEAMS.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, and in consultation with
the Secretary of Education, shall submit to the Health Education,
Labor, and Pensions Committee of the Senate and the Energy and Commerce
Committee of the House of Representatives a report that identifies best
practices related to using behavioral and mental health intervention
teams, which may be used to assist elementary schools, secondary
schools, and institutions of higher education interested in voluntarily
establishing and using such teams to support students exhibiting
behaviors interfering with learning at school or who are at risk of
harm to self or others.
``(b) Elements.--The report under subsection (a) shall assess
evidence supporting such best practices and, as appropriate, include
consideration of the following:
``(1) How behavioral and mental health intervention teams
might operate effectively from an evidence-based, objective
perspective while protecting the constitutional and civil
rights and privacy of individuals.
``(2) The use of behavioral and mental health intervention
teams--
``(A) to identify and support students exhibiting
behaviors interfering with learning or posing a risk of
harm to self or others; and
``(B) to implement evidence-based interventions to
meet the behavioral and mental health needs of such
students.
``(3) How behavioral and mental health intervention teams
can--
``(A) access evidence-based professional
development to support students described in paragraph
(2)(A); and
``(B) ensure that such teams--
``(i) are composed of trained, diverse
stakeholders with expertise in child and youth
development, behavioral and mental health, and
disability; and
``(ii) use cross validation by a wide-range
of individual perspectives on the team.
``(4) How behavioral and mental health intervention teams
can help mitigate inappropriate referral to mental health
services or law enforcement by implementing evidence-based
interventions that meet student needs.
``(c) Consultation.--In carrying out subsection (a), the Secretary
shall consult with--
``(1) the Secretary of Education;
``(2) the Director of the National Threat Assessment Center
of the United States Secret Service;
``(3) the Attorney General;
``(4) teachers (which shall include special education
teachers), principals and other school leaders, school board
members, behavioral and mental health professionals (including
school-based mental health professionals), and parents of
students;
``(5) local law enforcement agencies and campus law
enforcement administrators;
``(6) privacy, disability, and civil rights experts; and
``(7) other education and mental health professionals as
the Secretary deems appropriate.
``(d) Publication.--The Secretary shall publish the report under
subsection (a) in an accessible format on the internet website of the
Department of Health and Human Services.
``(e) Definitions.--In this section:
``(1) The term `behavioral and mental health intervention
team' means a multidisciplinary team of trained individuals
who--
``(A) are trained to identify and assess the
behavioral health needs of children and youth and who
are responsible for identifying, supporting, and
connecting students exhibiting behaviors interfering
with learning at school, or who are at risk of harm to
self or others, with appropriate behavioral health
services; and
``(B) develop and facilitate implementation of
evidence-based interventions to--
``(i) mitigate the threat of harm to self
or others posed by a student described in
subparagraph (A);
``(ii) meet the mental and behavioral
health needs of such students; and
``(iii) support positive, safe, and
supportive learning environments.
``(2) The terms `elementary school', `parent', and
`secondary school' have the meanings given to such terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(3) The term `institution of higher education' has the
meaning given to such term in section 102 of the Higher
Education Act of 1965.''.
CHAPTER 2--CONTINUING SYSTEMS OF CARE FOR CHILDREN
SEC. 1411. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN
WITH SERIOUS EMOTIONAL DISTURBANCES.
(a) Definition.--Section 565(d)(2)(B) of the Public Health Service
Act (42 U.S.C. 290ff-4(d)(2)(B)) is amended by striking ``may be)'' and
inserting ``may be), kinship caregivers of the child,''.
(b) Authorization of Appropriations.--Paragraph (1) of section
565(f) of the Public Health Service Act (42 U.S.C. 290ff-4(f)) is
amended--
(1) by moving the margin of such paragraph 2 ems to the
right; and
(2) by striking ``$119,026,000 for each of fiscal years
2018 through 2022'' and inserting ``$125,000,000 for each of
fiscal years 2023 through 2027''.
SEC. 1412. SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION
SERVICES FOR CHILDREN AND ADOLESCENTS.
Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is
amended--
(1) in subsection (a), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or Tribal
organizations''; and
(2) in subsection (f), by striking ``2018 through 2022''
and inserting ``2023 through 2027''.
CHAPTER 3--GARRETT LEE SMITH MEMORIAL REAUTHORIZATION
SEC. 1421. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
(a) Technical Amendment.--Section 520C of the Public Health Service
Act (42 U.S.C. 290bb-34) is amended--
(1) by striking ``tribes'' and inserting ``Tribes''; and
(2) by striking ``tribal'' each place it appears and
inserting ``Tribal''.
(b) Collaboration.--Section 520C(a) of the Public Health Service
Act (42 U.S.C. 290bb-34(a)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Collaboration.--In carrying out this subsection, as
applicable with respect to assistance to entities serving
members of the Armed Forces and veterans, the Secretary shall,
as appropriate, collaborate with the Secretary of Defense and
the Secretary of Veterans Affairs.''.
(c) Authorization of Appropriations.--Section 520C(c) of the Public
Health Service Act (42 U.S.C. 290bb-34(c)) is amended by striking
``$5,988,000 for each of fiscal years 2018 through 2022'' and inserting
``$9,000,000 for each of fiscal years 2023 through 2027''.
(d) Annual Report.--Section 520C(d) of the Public Health Service
Act (42 U.S.C. 290bb-34(d)) is amended by striking ``Not later than 2
years after the date of enactment of this subsection, the Secretary
shall submit to Congress'' and inserting ``Not later than 2 years after
the date of the enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives''.
SEC. 1422. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.
Section 520E of the Public Health Service Act (42 U.S.C. 290bb-36)
is amended--
(1) by striking ``tribe'' and inserting ``Tribe'';
(2) by striking ``tribal'' each place it appears and
inserting ``Tribal'';
(3) in subsection (a)(1), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(4) by amending subsection (b)(1)(B) to read as follows:
``(B) a public organization or private nonprofit
organization designated by a State or Indian Tribe (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act) to develop or direct the
State-sponsored statewide or Tribal youth suicide early
intervention and prevention strategy; or'';
(5) in subsection (c)--
(A) in paragraph (1), by inserting ``pediatric
health programs,'' after ``foster care systems,'';
(B) in paragraph (7), by inserting ``pediatric
health programs,'' after ``foster care systems,'';
(C) in paragraph (9), by inserting ``pediatric
health programs,'' after ``educational institutions,'';
(D) in paragraph (13), by striking ``and'' at the
end;
(E) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(F) by adding at the end the following:
``(15) provide to parents, legal guardians, and family
members of youth, supplies to securely store means commonly
used in suicide, if applicable, within the household.'';
(6) in subsection (d)--
(A) in the heading, by striking ``Direct Services''
and inserting ``Suicide Prevention Activities''; and
(B) by striking ``direct services, of which not
less than 5 percent shall be used for activities
authorized under subsection (a)(3)'' and inserting
``suicide prevention activities'';
(7) in subsection (e)(3)(A), by inserting ``and the
Department of Education, as appropriate'' after ``agencies and
suicide working groups'';
(8) in subsection (g)--
(A) in paragraph (1), by striking ``18'' and
inserting ``24''; and
(B) in paragraph (2), by striking ``2 years after
the date of enactment of Helping Families in Mental
Health Crisis Reform Act of 2016'' and inserting
``December 31, 2025'';
(9) in subsection (l)(4), by striking ``between 10 and 24
years of age'' and inserting ``up to 24 years of age''; and
(10) in subsection (m), by striking ``$30,000,000 for each
of fiscal years 2018 through 2022'' and inserting ``$40,000,000
for each of fiscal years 2023 through 2027''.
SEC. 1423. MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR
STUDENTS IN HIGHER EDUCATION.
Section 520E-2 of the Public Health Service Act (42 U.S.C. 290bb-
36b) is amended--
(1) in the heading, by striking ``on campus'' and inserting
``for students in higher education'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``mental and
substance use disorders'' and inserting ``mental health
and substance use disorders and promote resiliency'';
(B) in paragraph (4), by striking ``mental and
substance use disorder services.'' and inserting
``mental health and substance use disorder resources
and services.'';
(C) in paragraph (5), by striking ``mental and
substance use'' and inserting ``mental health and
substance use'';
(D) in paragraph (6), by striking ``staff to
respond effectively to students with mental and
substance use disorders.'' and inserting ``staff to
recognize and respond effectively and appropriately to
students experiencing mental health and substance use
disorders.'';
(E) in paragraph (7), by striking ``mental and
substance use'' and inserting ``mental health and
substance use'';
(F) in paragraph (8), by striking ``mental and
substance use'' and inserting ``mental health and
substance use.'';
(G) in paragraph (9), by striking ``regarding
improving the behavioral health of students through
clinical services, outreach, prevention, or'' and
inserting ``to improve the behavioral health of
students through clinical services, outreach,
prevention, promotion of mental health, or'';
(H) in paragraph (10), by striking ``mental and
behavioral disorders,'' and inserting ``mental and
behavioral health disorders,''; and
(I) in paragraph (12), by striking ``best
practices.'' and inserting ``best practices, and
trauma-informed practices.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``mental and
substance use'' and inserting ``mental health and
substance use''; and
(B) in paragraph (3), by striking ``promoting
access to services,'' and inserting ``promoting mental
health and access to services,''
(4) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``the Congress'' and inserting ``the Committee
on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions of the Senate'';
(B) in paragraph (2), by striking ``including
efforts'' and inserting ``including through prevention,
early detection, early intervention, and efforts''; and
(C) by adding at the end the following:
``(3) An assessment of the mental health and substance use
disorder needs of the populations served by recipients of
grants under this section.''; and
(5) in subsection (i), by striking ``2018 through 2022''
and inserting ``2023 through 2027'';
SEC. 1424. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION AT
INSTITUTIONS OF HIGHER EDUCATION.
Section 549 of the Public Health Service Act (42 U.S.C. 290ee-4) is
amended--
(1) in the heading, by striking ``on college campuses'' and
inserting ``at institutions of higher education'';
(2) in subsection (c)(2), by inserting ``, including
minority-serving institutions as described in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q) and
community colleges'' after ``higher education''; and
(3) in subsection (f), by striking ``2018 through 2022''
and inserting ``2023 through 2027''.
CHAPTER 4--MEDIA AND MENTAL HEALTH
SEC. 1431. STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE ON
ADOLESCENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services may conduct or
support research on--
(1) smartphone and social media use by adolescents; and
(2) the effects of such use on--
(A) emotional, behavioral, and physical health and
development; and
(B) any disparities in the mental health outcomes
of rural, minority, and other underserved populations.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Congress, and make publicly available, a report on the findings of
research under this section.
SEC. 1432. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA AND
RELATED TECHNOLOGY ON INFANTS, CHILDREN, AND ADOLESCENTS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, as appropriate,
conduct or support research related to the health and developmental
effects, including long-term effects, of media and related technology
use on infants, children, and adolescents, which may include the
effects of exposure to, and use of, media and related technology, such
as social media, applications, websites, television, motion pictures,
artificial intelligence, mobile devices, computers, video games,
virtual and augmented reality, and other content, networks, or
platforms disseminated through the internet, broadcasted, or other
media technologies, as applicable.
(b) Activities.--In carrying out subsection (a), the Secretary,
acting through the Director of the National Institutes of Health,
shall, as appropriate, develop a research agenda to assess the effects
of media and related technologies on infants, children, and
adolescents, which may include consideration of the following, as
appropriate:
(1) The cognitive development of infants, children, and
adolescents, which may include effects related to language
development, learning abilities, and other areas of cognitive
development.
(2) The physical health of infants, children, and
adolescents, which may include effects related to diet,
exercise, sleeping and eating routines, and other areas of
physical development.
(3) The mental health of infants, children, and
adolescents, which may include effects related to self-
awareness, social awareness, relationship skills, decision-
making, violence, bullying, privacy, mental disorders, and
other areas related to mental health.
(c) Consultation.--In developing the research agenda under
subsection (b), the Secretary may consult with appropriate national
research institutes, academies, and centers, relevant consortia, and
non-Federal experts, as appropriate. The Secretary may utilize
scientific workshops, symposia, and other activities to assess current
knowledge and identify relevant research opportunities and gaps in this
area.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Institutes of
Health shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report--
(1) on the progress made in improving data and expanding
research on the health and developmental effects of media and
related technology on infants, children, and adolescents in
accordance with this section; and
(2) that summarizes the grants and research funded under
this section for each of the years covered by the report.
Subtitle E--Miscellaneous Provisions
SEC. 1501. LIMITATIONS ON AUTHORITY.
In carrying out any program of the Substance Abuse and Mental
Health Services Administration whose statutory authorization is enacted
or amended by this title, the Secretary of Health and Human Services
shall not allocate funding, or require award recipients to prioritize,
dedicate, or allocate funding, without consideration of the incidence,
prevalence, or determinants of mental health or substance use issues,
unless such allocation or requirement is consistent with statute,
regulation, or other Federal law.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING
NEW THREATS, AND PANDEMICS
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Prepare for and Respond to
Existing Viruses, Emerging New Threats, and Pandemics Act'' or the
``PREVENT Pandemics Act''.
Subtitle A--Strengthening Federal and State Preparedness
CHAPTER 1--FEDERAL LEADERSHIP AND ACCOUNTABILITY
SEC. 2101. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
(a) In General.--Part A of title III of the Public Health Service
Act (42 U.S.C. 241 et seq.) is amended by inserting after section 304
the following:
``SEC. 305. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS
FOR DISEASE CONTROL AND PREVENTION.
``(a) In General.--The Centers for Disease Control and Prevention
(referred to in this section as the `CDC') shall be headed by the
Director of the Centers for Disease Control and Prevention (referred to
in this section as the `Director'), who shall be appointed by the
President, by and with the advice and consent of the Senate. Such
individual shall also serve as the Administrator of the Agency for
Toxic Substances and Disease Registry consistent with section 104(i) of
the Comprehensive Environmental Response, Compensation, and Liability
Act. The Director shall perform functions provided for in subsection
(b) and such other functions as the Secretary may prescribe.
``(b) Functions.--The Secretary, acting through the Director,
shall--
``(1) implement and exercise applicable authorities and
responsibilities provided for in this Act or other applicable
law related to the investigation, detection, identification,
prevention, or control of diseases or conditions to preserve
and improve public health domestically and globally and address
injuries and occupational and environmental hazards, as
appropriate;
``(2) be responsible for the overall direction of the CDC
and for the establishment and implementation of policies
related to the management and operation of programs and
activities within the CDC;
``(3) coordinate and oversee the operation of centers,
institutes, and offices within the CDC;
``(4) support, in consultation with the heads of such
centers, institutes, and offices, program coordination across
such centers, institutes, and offices, including through
priority setting reviews and the development of strategic
plans, to reduce unnecessary duplication and encourage
collaboration between programs;
``(5) oversee the development, implementation, and updating
of the strategic plan established pursuant to subsection (c);
``(6) ensure that appropriate strategic planning, including
the use of performance metrics, is conducted by such centers,
institutes, and offices to facilitate and improve CDC programs
and activities;
``(7) communicate, including through convening annual
meetings, with public and private entities regarding relevant
public health programs and activities, and, as applicable, the
strategic plan established pursuant to subsection (c).
``(c) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the PREVENT Pandemics Act, and at least every 4
years thereafter, the Director shall develop and submit to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee on
Energy and Commerce and the Committee on Appropriations of the
House of Representatives, and post on the website of the CDC, a
coordinated strategy to provide strategic direction and
facilitate collaboration across the centers, institutes, and
offices within the CDC. Such strategy shall be known as the
`CDC Strategic Plan'.
``(2) Requirements.--The CDC Strategic Plan shall--
``(A) identify strategic priorities and objectives
related to--
``(i) preventing, reducing, and eliminating
the spread of communicable and noncommunicable
diseases or conditions, and addressing
injuries, and occupational and environmental
hazards;
``(ii) supporting the efforts of State,
local, and Tribal health departments to prevent
and reduce the prevalence of the diseases or
conditions under clause (i);
``(iii) containing, mitigating, and ending
disease outbreaks;
``(iv) enhancing global and domestic public
health capacity, capabilities, and
preparedness, including public health data,
surveillance, workforce, and laboratory
capacity and safety; and
``(v) other priorities, as established by
the Director;
``(B) describe the capacity and capabilities
necessary to achieve the priorities and objectives
under subparagraph (A), and progress towards achieving
such capacity and capabilities, as appropriate; and
``(C) include a description of how the CDC
Strategic Plan incorporates--
``(i) strategic communications;
``(ii) partnerships with private sector
entities, and State, local, and Tribal health
departments, and other public sector entities,
as appropriate; and
``(iii) coordination with other agencies
and offices of the Department of Health and
Human Services and other Federal departments
and agencies, as appropriate.
``(3) Use of plans.--Strategic plans developed and updated
by the centers, institutes, and offices of the CDC shall be
prepared regularly and in such a manner that such plans will be
informed by the CDC Strategic Plan developed and updated under
this subsection.
``(d) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Director shall
appear before the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives at hearings on topics such as--
``(A) support for State, local, and Tribal public
health preparedness and responses to any recent or
ongoing public health emergency, including--
``(i) any objectives, activities, or
initiatives that have been carried out, or are
planned, by the Director to prepare for, or
respond to, the public health emergency,
including relevant strategic communications or
partnerships and any gaps or challenges
identified in such objectives, activities, or
initiatives;
``(ii) any objectives and planned
activities for the upcoming fiscal year to
address gaps in, or otherwise improve, State,
local, and Tribal public health preparedness;
and
``(iii) other potential all-hazard threats
that the Director is preparing to address;
``(B) activities related to public health and
functions of the Director described in subsection (b);
and
``(C) updates on other relevant activities
supported or conducted by the CDC, or in collaboration
or coordination with the heads of other Federal
departments, agencies, or stakeholders, as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee
on Health, Education, Labor, and Pensions of the Senate
or the Chair of the Committee on Energy and Commerce of
the House of Representatives may waive the requirements
of paragraph (1) for the applicable fiscal year with
respect to the applicable Committee.
``(B) Scope of requirements.--The requirements of
this subsection shall not be construed to impact the
appearance of other Federal officials or the Director
at hearings of either Committee described in paragraph
(1) at other times and for purposes other than the
times and purposes described in paragraph (1).
``(3) Closed hearings.--Information that is not appropriate
for disclosure during an open hearing under paragraph (1) in
order to protect national security may instead be discussed in
a closed hearing that immediately follows the open hearing.
``(e) Other Transactions.--
``(1) In general.--In carrying out activities of the
Centers for Disease Control and Prevention, the Director may
enter into transactions other than a contract, grant, or
cooperative agreement for purposes of infectious disease
research, biosurveillance, infectious disease modeling, and
public health preparedness and response.
``(2) Written determination.--With respect to a project
that is expected to cost the Centers for Disease Control and
Prevention more than $40,000,000, the Director may exercise the
authority under paragraph (1) only upon a written determination
by the Assistant Secretary for Financial Resources of the
Department of Health and Human Services, that the use of such
authority is essential to promoting the success of the project.
The authority of the Assistant Secretary for Financial
Resources under this paragraph may not be delegated.
``(3) Guidelines.--The Director, in consultation with the
Secretary, shall establish guidelines regarding the use of the
authority under paragraph (1). Such guidelines shall include
auditing requirements.''.
(b) Effective Date.--The first sentence of section 305(a) of the
Public Health Service Act, as added by subsection (a), shall take
effect on January 20, 2025.
SEC. 2102. ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 305, as added by section 2101,
the following:
``SEC. 305A. ADVISORY COMMITTEE TO THE DIRECTOR.
``(a) In General.--Not later than 60 days after the date of the
enactment of the PREVENT Pandemics Act, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention
(referred to in this section as the `Director'), shall maintain or
establish an advisory committee within the Centers for Disease Control
and Prevention to advise the Director on policy and strategies that
enable the agency to fulfill its mission.
``(b) Functions and Activities.--The Advisory Committee may--
``(1) make recommendations to the Director regarding ways
to prioritize the activities of the agency in alignment with
the CDC Strategic Plan required under section 305(c);
``(2) advise on ways to achieve or improve performance
metrics in relation to the CDC Strategic Plan, and other
relevant metrics, as appropriate;
``(3) provide advice and recommendations on the development
of the CDC Strategic Plan, and any subsequent updates, as
appropriate;
``(4) advise on grants, cooperative agreements, contracts,
or other transactions, as applicable;
``(5) provide other advice to the Director, as requested,
to fulfill duties under sections 301 and 311; and
``(6) appoint subcommittees.
``(c) Membership.--
``(1) In general.--The Advisory Committee shall consist of
not more than 15 non-Federal members, including the Chair, to
be appointed by the Secretary under paragraph (3).
``(2) Ex officio members.--Any ex officio members of the
Advisory Council may consist of--
``(A) the Secretary;
``(B) the Assistant Secretary for Health;
``(C) the Director; and
``(D) such additional officers or employees of the
United States as the Secretary determines necessary for
the advisory committee to effectively carry out its
functions.
``(3) Appointed members.--Individuals shall be appointed to
the Advisory Committee under paragraph (1) as follows:
``(A) Twelve of the members shall be appointed by
the Director from among the leading representatives of
the health disciplines (including public health, global
health, health disparities, biomedical research, public
health preparedness, and other fields, as applicable)
relevant to the activities of the agency or center, as
applicable.
``(B) Three of the members may be appointed by the
Secretary from the general public and may include
leaders in fields of innovation, public policy, public
relations, law, economics, or management.
``(4) Compensation.--Ex officio members of the Advisory
Council who are officers or employees of the United States
shall not receive any compensation for service on the advisory
committee. The remaining members of the advisory committee may
receive, for each day (including travel time) they are engaged
in the performance of the functions of the advisory committee,
compensation at rates not to exceed the daily equivalent to the
annual rate of basic pay for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
``(5) Terms of office.--
``(A) In general.--The term of office of a member
of the advisory committee appointed under paragraph (3)
shall be 4 years, except that any member appointed to
fill a vacancy for an unexpired term shall serve for
the remainder of such term. The Secretary shall make
appointments to the advisory committee in such a manner
as to ensure that the terms of the members not all
expire in the same year. A member of the advisory
committee may serve after the expiration of such
member's term until a successor has been appointed and
taken office.
``(B) Reappointments.--A member who has been
appointed to the advisory committee for a term of 4
years may not be reappointed to the advisory committee
during the 2-year period beginning on the date on which
such 4-year term expired.
``(C) Time for appointment.--If a vacancy occurs in
the advisory committee among the members appointed
under paragraph (3), the Secretary shall make an
appointment to fill such vacancy within 90 days from
the date the vacancy occurs.
``(d) Chair.--The Secretary shall select a member of the advisory
committee to serve as the Chair of the committee. The Secretary may so
select an individual from among the appointed members. The term of
office of the chair shall be 2 years.
``(e) Meetings.--The advisory committee shall meet at the call of
the Chair or upon request of the Director, but in no event less than 2
times during each fiscal year.
``(f) Executive Secretary and Staff.--The Director shall designate
a member of the staff of the agency to serve as the executive secretary
of the advisory committee. The Director shall make available to the
advisory committee such staff, information, and other assistance as it
may require to carry out its functions. The Director shall provide
orientation and training for new members of the advisory committee to
provide for their effective participation in the functions of the
advisory committee.''.
SEC. 2103. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE
COORDINATION.
(a) Public Health Emergency Fund.--Section 319(b) of the Public
Health Service Act (42 U.S.C. 247d(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E), the
following:
``(F) support the initial deployment and
distribution of contents of the Strategic National
Stockpile, as appropriate; and''; and
(2) by amending paragraph (3)(A) to read as follows:
``(A) the expenditures made from the Public Health
Emergency Fund in such fiscal year, including--
``(i) the amount obligated;
``(ii) the recipient or recipients of such
obligated funds;
``(iii) the specific response activities
such obligated funds will support; and
``(iv) the declared or potential public
health emergency for which such funds were
obligated; and''.
(b) Improving Public Health and Medical Preparedness and Response
Coordination.--
(1) Coordination with federal agencies.--Section 2801 of
the Public Health Service Act (42 U.S.C. 300hh) is amended by
adding at the end the following:
``(c) Coordination With Federal Agencies.--In leading the Federal
public health and medical response to a declared or potential public
health emergency, consistent with this section, the Secretary shall
coordinate with, and may request support from, other Federal
departments and agencies, as appropriate in order to carry out
necessary activities and leverage the expertise of such departments and
agencies, which may include the provision of assistance at the
direction of the Secretary related to supporting the public health and
medical response for States, localities, and Tribes.''.
(2) ASPR duties.--Section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-10(b)) is amended--
(A) in paragraph (1), by inserting ``and,
consistent with the National Response Framework and
other applicable provisions of law, assist the
Secretary in carrying out the functions under section
2801'' before the period; and
(B) in paragraph (4)--
(i) in subparagraph (E) by striking ``the
actions necessary to overcome these
obstacles.'' and inserting ``recommend actions
necessary to overcome these obstacles, such
as--
``(i) improving coordination with relevant
Federal officials;
``(ii) partnering with other public or
private entities to leverage capabilities
maintained by such entities, as appropriate and
consistent with this subsection; and
``(iii) coordinating efforts to support or
establish new capabilities, as appropriate.'';
(ii) in subparagraph (G)--
(I) by redesignating clauses (i)
and (ii) as subclauses (I) and (II) and
adjusting the margins accordingly;
(II) in the matter preceding
subclause (I), as so redesignated--
(aa) by inserting ``each
year, including national-level
and State-level full-scale
exercises not less than once
every 4 years'' after
``operational exercises''; and
(bb) by striking
``exercises based on--'' and
inserting ``exercises--
``(i) based on'';
(III) by striking the period and
inserting a semicolon; and
(IV) by adding at the end the
following:
``(ii) that assess the ability of the
Strategic National Stockpile, as appropriate,
to provide medical countermeasures, medical
products, and other supplies, including
ancillary medical supplies, to support the
response to a public health emergency or
potential public health emergency, including a
threat that requires the large-scale and
simultaneous deployment of stockpiles and a
long-term public health and medical response;
and
``(iii) conducted in coordination with
State and local health officials.''; and
(iii) by adding at the end the following:
``(J) Medical product and supply capacity
planning.--Coordinate efforts within the Department of
Health and Human Services to support--
``(i) preparedness for medical product and
medical supply needs directly related to
responding to chemical, biological,
radiological, or nuclear threats, including
emerging infectious diseases, and incidents
covered by the National Response Framework,
including--
``(I) sharing information,
including with appropriate
stakeholders, related to the
anticipated need for, and availability
of, such products and supplies during
such responses;
``(II) supporting activities, which
may include public-private
partnerships, to maintain capacity of
medical products and medical supplies,
as applicable and appropriate; and
``(III) planning for potential
surges in medical supply needs for
purposes of a response to such a
threat; and
``(ii) situational awareness with respect
to anticipated need for, and availability of,
such medical products and medical supplies
within the United States during a response to
such a threat.''.
(c) Appearances Before and Reports to Congress.--Section 2811 of
the Public Health Service Act (42 U.S.C. 300hh-10) is amended by adding
at the end the following:
``(g) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Assistant
Secretary for Preparedness and Response shall appear before the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives at hearings, on topics such as--
``(A) coordination of Federal activities to prepare
for, and respond to, public health emergencies;
``(B) activities and capabilities of the Strategic
National Stockpile, including whether, and the degree
to which, recommendations made pursuant to section
2811-1(c)(1)(A) have been met;
``(C) support for State, local, and Tribal public
health and medical preparedness;
``(D) activities implementing the countermeasures
budget plan described under subsection (b)(7),
including--
``(i) any challenges in meeting the full
range of identified medical countermeasure
needs; and
``(ii) progress in supporting advanced
research, development, and procurement of
medical countermeasures, pursuant to subsection
(b)(3);
``(E) the strategic direction of, and activities
related to, the sustainment of manufacturing surge
capacity and capabilities for medical countermeasures
pursuant to section 319L and the distribution and
deployment of such countermeasures;
``(F) any additional objectives, activities, or
initiatives that have been carried out or are planned
by the Assistant Secretary for Preparedness and
Response and associated challenges, as appropriate;
``(G) the specific all-hazards threats that the
Assistant Secretary for Preparedness and Response is
preparing to address, or that are being addressed,
through the activities described in subparagraphs (A)
through (F); and
``(H) objectives, activities, or initiatives
related to the coordination and consultation required
under subsections (b)(4)(H) and (b)(4)(I), in a manner
consistent with paragraph (3), as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee
on Health, Education, Labor, and Pensions of the Senate
or the Chair of the Committee on Energy and Commerce of
the House of Representatives may waive the requirements
of paragraph (1) for the applicable fiscal year with
respect to the applicable Committee.
``(B) Scope of requirements.--The requirements of
this subsection shall not be construed to impact the
appearance of other Federal officials or the Assistant
Secretary at hearings of either Committee described in
paragraph (1) at other times and for purposes other
than the times and purposes described in paragraph (1)
``(3) Closed hearings.--Information that is not appropriate
for disclosure during an open hearing under paragraph (1) in
order to protect national security may instead be discussed in
a closed hearing that immediately follows such open hearing.''.
(d) Annual Report on Emergency Response and Preparedness.--Section
2801 of the Public Health Service Act (42 U.S.C. 300hh), as amended by
subsection (b), is further amended by adding at the end the following:
``(d) Annual Report on Emergency Response and Preparedness.--The
Secretary shall submit a written report each fiscal year to the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives, containing--
``(1) updated information related to an assessment of the
response to any public health emergency declared, or otherwise
in effect, during the previous fiscal year;
``(2) findings related to drills and operational exercises
completed in the previous fiscal year pursuant to section
2811(b)(4)(G);
``(3) the state of public health preparedness and response
capabilities for chemical, biological, radiological, and
nuclear threats, including emerging infectious diseases; and
``(4) any challenges in preparing for or responding to such
threats, as appropriate.''.
(e) GAO Report on Interagency Agreements and Coordination.--Not
later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a review of previous and current interagency
agreements established between the Secretary of Health and
Human Services and the heads of other relevant Federal
departments or agencies pursuant to section 2801(b) of the
Public Health Service Act (42 U.S.C. 300hh(b)), including--
(A) the specific roles and responsibilities of each
Federal department or agency that is a party to any
such interagency agreement;
(B) the manner in which specific capabilities of
each such Federal department or agency may be utilized
under such interagency agreements;
(C) the frequency with which such interagency
agreements have been utilized;
(D) gaps, if any, in interagency agreements that
prevent the Secretary from carrying out the goals under
section 2802 of the Public Health Service Act (42
U.S.C. 300hh-1);
(E) barriers, if any, to establishing or utilizing
such interagency agreements; and
(F) recommendations, if any, on the ways in which
such interagency agreements can be improved to address
the gaps and barriers identified under subparagraphs
(D) and (E);
(2) conduct a review of the implementation and utilization
of the authorities described under section 2801(c) of the
Public Health Service Act (42 U.S.C. 300hh(c)); and
(3) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
reviews under paragraphs (1) and (2), including related
recommendations, as applicable.
SEC. 2104. OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE POLICY.
(a) In General.--There is established in the Executive Office of
the President an Office of Pandemic Preparedness and Response Policy
(referred to in this section as the ``Office''), which shall be headed
by a Director (referred to in this section as the ``Director'')
appointed by the President and who shall be compensated at the rate
provided for level II of the Executive Schedule in section 5313 of
title 5, United States Code. The President is authorized to appoint not
more than 2 Associate Directors, who shall be compensated at a rate not
to exceed that provided for level III of the Executive Schedule in
section 5314 of such title. Associate Directors shall perform such
functions as the Director may prescribe.
(b) Functions of the Director.--The primary function of the
Director is to provide advice, within the Executive Office of the
President, on policy related to preparedness for, and response to,
pandemic and other biological threats that may impact national
security, and support strategic coordination and communication with
respect to relevant activities across the Federal Government. In
addition to such other functions and activities as the President may
assign, the Director, consistent with applicable laws and the National
Response Framework, shall--
(1) serve as the principal advisor to the President on all
matters related to pandemic preparedness and response policy
and make recommendations to the President regarding pandemic
and other biological threats that may impact national security;
(2) coordinate Federal activities to prepare for, and
respond to, pandemic and other biological threats, by--
(A) providing strategic direction to the heads of
applicable Federal departments, agencies, and offices,
including--
(i) the establishment, implementation,
prioritization, and assessment of policy goals
and objectives across the Executive Office of
the President and such departments, agencies,
and offices;
(ii) supporting the assessment and
clarification of roles and responsibilities
related to such Federal activities; and
(iii) supporting the development and
implementation of metrics and performance
measures to evaluate the extent to which
applicable activities meet such goals and
objectives;
(B) providing, in consultation with the Secretary
of Health and Human Services and the heads of other
relevant Federal departments, agencies, and offices,
leadership with respect to the National Biodefense
Strategy and related activities pursuant to section
1086 of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104) and section 363 of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (6 U.S.C. 105);
(C) facilitating coordination and communication
between such Federal departments, agencies, and offices
to improve preparedness for, and response to, such
threats;
(D) ensuring that the authorities, capabilities,
and expertise of each such department, agency, and
office are appropriately leveraged to facilitate the
whole-of-Government response to such threats;
(E) overseeing coordination of Federal efforts to
prepare for and support the production, supply, and
distribution of relevant medical products and supplies
during a response to a pandemic or other biological
threat, as applicable and appropriate, including
supporting Federal efforts to assess any relevant
vulnerabilities in the supply chain of such products
and supplies, and identify opportunities for private
entities to engage with the Federal Government to
address medical product and medical supply needs during
such a response;
(F) overseeing coordination of Federal efforts for
the basic and advanced research, development,
manufacture, and procurement of medical countermeasures
for such threats, including by--
(i) serving, with the Secretary of Health
and Human Services, as co-Chair of the Public
Health Emergency Medical Countermeasures
Enterprise established pursuant to section
2811-1 of the Public Health Service Act (42
U.S.C. 300hh-10a);
(ii) promoting coordination between the
medical countermeasure research, development,
and procurement activities of respective
Federal departments and agencies, including to
advance the discovery and development of new
medical products and technologies;
(G) convening heads of Federal departments and
agencies, as appropriate, on topics related to
capabilities to prepare for, and respond to, such
threats;
(H) assessing and advising on international
cooperation in preparing for, and responding to, such
threats to advance the national security objectives of
the United States; and
(I) overseeing other Federal activities to assess
preparedness for, and responses to, such threats,
including--
(i) drills and operational exercises
conducted pursuant to applicable provisions of
law; and
(ii) Federal after-action reports developed
following such drills and exercises or a
response to a pandemic or other biological
threat;
(3) promote and support the development of relevant
expertise and capabilities within the Federal Government to
ensure that the United States can quickly detect, identify, and
respond to such threats, and provide recommendations, as
appropriate, to the President;
(4) consult with the Director of the Office of Management
and Budget and other relevant officials within the Executive
Office of the President, including the Assistant to the
President for National Security Affairs and the Director of the
Office of Science and Technology Policy, regarding activities
related to preparing for, and responding to, such threats and
relevant research and emerging technologies that may advance
the biosecurity and preparedness and response goals of the
Federal Government;
(5) identify opportunities to leverage current and emerging
technologies, including through public-private partnerships, as
appropriate, to address such threats and advance the
preparedness and response goals of the Federal Government; and
(6) ensure that findings of Federal after-action reports
conducted pursuant to paragraph (2)(I)(ii) are implemented to
the maximum extent feasible within the Federal Government.
(c) Support From Other Agencies.--Each department, agency, and
instrumentality of the executive branch of the Federal Government,
including any independent agency, is authorized to support the Director
by providing the Director such information as the Director determines
necessary to carry out the functions of the Director under this
section.
(d) Preparedness Outlook Report.--
(1) In general.--Within its first year of operation, the
Director, in consultation with the heads of relevant Federal
departments and agencies and other officials within the
Executive Office of the President, shall through a report
submitted to the President and made available to the public, to
the extent practicable, identify and describe situations and
conditions which warrant special attention within the next 5
years, involving current and emerging problems of national
significance related to pandemic or other biological threats,
and opportunities for, and the barriers to, the research,
development, and procurement of medical countermeasures to
adequately respond to such threats.
(2) Revisions.--The Office shall revise the report under
paragraph (1) not less than once every 5 years and work with
relevant Federal officials to address the problems, barriers,
opportunities, and actions identified under this report through
the development of the President's Budgets and programs.
(e) Interdepartmental Working Group.--The Director shall lead an
interdepartmental working group that will meet on a regular basis to
evaluate national biosecurity and pandemic preparedness issues and make
recommendations to the heads of applicable Federal departments,
agencies and offices. The working group shall consist of
representatives from--
(1) the Office of Pandemic Preparedness and Response
Policy, to serve as the chair;
(2) the Department of Health and Human Services;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Office of Management and Budget; and
(6) other Federal Departments and agencies.
(f) Industry Liaison.--
(1) In general.--Not later than 10 days after the
initiation of a Federal response to a pandemic or other
biological threat that may pose a risk to national security,
the Director shall appoint an Industry Liaison within the
Office of Pandemic Preparedness and Response Policy to serve
until the termination of such response.
(2) Activities.--The Industry Liaison shall--
(A) not later than 20 days after the initiation of
such response, identify affected industries and develop
a plan to regularly communicate with, and receive input
from, affected industries;
(B) work with relevant Federal departments and
agencies to support information sharing and
coordination with industry stakeholders; and
(C) communicate, and support the provision of
technical assistance, as applicable, with private
entities interested in supporting such response, which
may include entities not historically involved in the
public health or medical sectors, as applicable and
appropriate.
(g) Additional Functions of the Director.--The Director, in
addition to the other duties and functions set forth in this section--
(1) shall--
(A) serve as a member of the Domestic Policy
Council and the National Security Council;
(B) serve as a member of the Intergovernmental
Science, Engineering, and Technology Advisory Panel
under section 205(b) of the National Science and
Technology Policy, Organization, and Priorities Act of
1976 (42 U.S.C. 6614(b)) and the Federal Coordinating
Council for Science, Engineering and Technology under
section 401 of such Act (42 U.S.C. 6651);
(C) consult with State, Tribal, local, and
territorial governments, industry, academia,
professional societies, and other stakeholders, as
appropriate;
(D) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies; and
(E) at the President's request, perform such other
duties and functions and enter into contracts and other
arrangements for studies, analyses, and related
services with public or private entities, as applicable
and appropriate; and
(2) may hold such hearings in various parts of the United
States as necessary to determine the views of the entities and
individuals referred to in paragraph (1) and of the general
public, concerning national needs and trends in pandemic
preparedness and response.
(h) Staffing and Detailees.--In carrying out functions under this
section, the Director may--
(1) appoint not more than 25 individuals to serve as
employees of the Office as necessary to carry out this section;
(2) fix the compensation of such personnel at a rate to be
determined by the Director, up to the amount of annual
compensation (excluding expenses) specified in section 102 of
title 3, United States Code;
(3) utilize the services of consultants, which may include
by obtaining services described under section 3109(b) of title
5, United States Code, at rates not to exceed the rate of basic
pay for level IV of the Executive Schedule; and
(4) direct, with the concurrence of the Secretary of a
department or head of an agency, the temporary reassignment
within the Federal Government of personnel employed by such
department or agency, in order to carry out the functions of
the Office.
(i) Preparedness Review and Report.--The Director, in consultation
with the heads of applicable Federal departments, agencies, and
offices, shall--
(1) not later than 1 year after the date of enactment of
this Act, conduct a review of applicable Federal strategies,
policies, procedures, and after-action reports to identify gaps
and inefficiencies related to pandemic preparedness and
response;
(2) not later than 18 months after the date of enactment of
this Act, and every 2 years thereafter, submit to the President
and the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing--
(A) current and emerging pandemic and other
biological threats that pose a significant level of
risk to national security;
(B) the roles and responsibilities of the Federal
Government in preparing for, and responding to, such
threats;
(C) the findings of the review conducted under
paragraph (1);
(D) any barriers or limitations related to
addressing such findings;
(E) current and planned activities to update
Federal strategies, policies, and procedures to address
such findings, consistent with applicable laws and the
National Response Framework;
(F) current and planned activities to support the
development of expertise within the Federal Government
pursuant to subsection (b)(3); and
(G) opportunities to improve Federal preparedness
and response capacities and capabilities through the
use of current and emerging technologies.
(j) Nonduplication of Effort.--The Director shall ensure that
activities carried out under this section do not unnecessarily
duplicate the efforts of other Federal departments, agencies, and
offices.
(k) Conforming Amendments.--
(1) Section 2811-1 of the Public Health Service Act (42
U.S.C. 300hh-10a) is amended--
(A) in the second sentence of subsection (a), by
striking ``shall serve as chair'' and inserting ``and
the Director of the Office of Pandemic Preparedness and
Response Policy shall serve as co-chairs''; and
(B) in subsection (b)--
(i) by redesignating paragraph (10) as
paragraph (11); and
(ii) by inserting after paragraph (9) the
following:
``(10) The Director of the Office of Pandemic Preparedness
and Response Policy.''.
(2) Section 101(c)(1) of the National Security Act of 1947
(50 U.S.C. 3021(c)(1)) is amended by inserting ``the Director
of the Office of Pandemic Preparedness and Response Policy''
after ``Treasury,''.
(3) The National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et
seq.) is amended--
(A) in section 205(b)(2) (42 U.S.C. 6614(b)(2))--
(i) by striking ``and (C)'' and inserting
``(C)''; and
(ii) by striking the period at the end and
inserting ``; and (D) the Director of the
Office of Pandemic Preparedness and Response
Policy.''; and
(B) in section 401(b) (42 U.S.C. 6651(b)), by
inserting ``, the Director of the Office of Pandemic
Preparedness and Response Policy,'' after ``Technology
Policy''.
CHAPTER 2--STATE AND LOCAL READINESS
SEC. 2111. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.
(a) In General.--Section 319C-1(b)(2) of the Public Health Service
Act (42 U.S.C. 247d-3a(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vii), by inserting ``during and''
before ``following a public health emergency'';
(B) by amending clause (viii) to read as follows:
``(viii) a description of how the entity,
as applicable and appropriate, will coordinate
with State emergency preparedness and response
plans in public health emergency preparedness,
including State education agencies (as defined
in section 8101 of the Elementary and Secondary
Education Act of 1965), State child care lead
agencies (designated under section 658D of the
Child Care and Development Block Grant Act of
1990), and other relevant State agencies'';
(C) in clause (xi), by striking ``; and'' and
inserting a semicolon;
(D) by redesignating clause (xii) as clause (xiii);
and
(E) by inserting after clause (xi) the following:
``(xii) a description of how the entity
will provide technical assistance to improve
public health preparedness and response, as
appropriate, to agencies or other entities that
operate facilities within the entity's
jurisdiction in which there is an increased
risk of infectious disease outbreaks in the
event of a public health emergency declared
under section 319, such as residential care
facilities, group homes, and other similar
settings; and'';
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively; and
(3) by inserting after subparagraph (C) the following:
``(D) an assurance that the entity will require
relevant staff to complete relevant preparedness and
response trainings, including trainings related to
efficient and effective operation during an incident or
event within an Incident Command System;''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply with respect to any cooperative agreement entered into prior to
the date of enactment of this Act.
SEC. 2112. SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE
DISORDER SERVICES DURING PUBLIC HEALTH EMERGENCIES.
(a) Authorities.--Section 501(d) of the Public Health Service Act
(42 U.S.C. 290aa(d)) is amended--
(1) by redesignating paragraphs (24) and (25) as paragraphs
(25) and (26), respectively; and
(2) by inserting after paragraph (23) the following:
``(24) support the continued access to, or availability of,
mental health and substance use disorder services during, or in
response to, a public health emergency declared under section
319, including in consultation with, as appropriate, the
Assistant Secretary for Preparedness and Response, the Director
of the Centers for Disease Control and Prevention, and the
heads of other relevant agencies, in preparing for, and
responding to, a public health emergency;''.
(b) Strategic Plan.--Section 501(l)(4) of the Public Health Service
Act (42 U.S.C. 290aa(l)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) specify a strategy to support the continued
access to, or availability of, mental health and
substance use disorder services, including to at-risk
individuals (as defined in section 2802(b)(4)), during,
or in response to, public health emergencies declared
pursuant to section 319.''.
(c) Biennial Report Concerning Activities and Progress.--Section
501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is
amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) a description of the Administration's activities to
support the continued provision of mental health and substance
use disorder services, as applicable, in response to public
health emergencies declared pursuant to section 319;''; and
(3) in paragraph (5), as so redesignated--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) relevant preparedness and response
activities;''.
(d) Advisory Councils.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary for Mental Health and
Substance Use shall issue a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on Appropriations of
the Senate and the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives, reflecting the
feedback of the advisory councils for the Center for Substance Abuse
Treatment, the Center for Substance Abuse Prevention, and the Center
for Mental Health Services, pursuant to section 502 of the Public
Health Service Act (42 U.S.C. 290aa-1), with recommendations to improve
the continued provision of mental health and substance use disorder
services during a public health emergency declared under section 319 of
such Act (42 U.S.C. 247d), and the provision of such services as part
of the public health and medical response to such an emergency,
consistent with title XXVIII of such Act (42 U.S.C. 300hh et seq.),
including related to the capacity of the mental health and substance
use disorder workforce and flexibilities provided to awardees of mental
health and substance use disorder programs.
(e) GAO Report.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on programs and activities of the Substance
Abuse and Mental Health Services Administration to support the
provision of mental health and substance use disorder services and
related activities during the COVID-19 pandemic, including the
provision of such services as part of the medical and public health
response to such pandemic. Such report shall--
(1) examine the role played by the advisory councils
described in section 502 of the Public Health Service Act (42
U.S.C. 290aa-1) and the National Mental Health and Substance
Use Policy Laboratory established under section 501A of such
Act (42 U.S.C. 290aa-0) in providing technical assistance and
recommendations to the Substance Abuse and Mental Health
Services Administration to support the response of such agency
to the public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19;
(2) describe the manner in which existing awardees of
mental health and substance use disorder programs provided and
altered delivery of services during such public health
emergency, including information on the populations served by
such awardees and any barriers faced in delivering services;
and
(3) describe activities of the Substance Abuse and Mental
Health Services Administration to support the response to such
public health emergency, including through technical
assistance, provision of services, and any flexibilities
provided to such existing awardees, and any barriers faced in
implementing such activities.
SEC. 2113. TRAUMA CARE REAUTHORIZATION.
(a) In General.--Section 1201 of the Public Health Service Act (42
U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by inserting ``analyze,'' after
``compile,''; and
(ii) by inserting ``and medically
underserved areas'' before the semicolon;
(B) in paragraph (4), by adding ``and'' after the
semicolon;
(C) by striking paragraph (5); and
(D) by redesignating paragraph (6) as paragraph
(5);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Trauma Care Readiness and Coordination.--The Secretary,
acting through the Assistant Secretary for Preparedness and Response,
shall support the efforts of States and consortia of States to
coordinate and improve emergency medical services and trauma care
during a public health emergency declared by the Secretary pursuant to
section 319 or a major disaster or emergency declared by the President
under section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. Such support may
include--
``(1) developing, issuing, and updating guidance, as
appropriate, to support the coordinated medical triage and
evacuation to appropriate medical institutions based on patient
medical need, taking into account regionalized systems of care;
``(2) disseminating, as appropriate, information on
evidence-based or evidence-informed trauma care practices,
taking into consideration emergency medical services and trauma
care systems, including such practices identified through
activities conducted under subsection (a) and which may include
the identification and dissemination of performance metrics, as
applicable and appropriate; and
``(3) other activities, as appropriate, to optimize a
coordinated and flexible approach to the emergency response and
medical surge capacity of hospitals, other health care
facilities, critical care, and emergency medical systems.''.
(b) Grants to Improve Trauma Care in Rural Areas.--Section 1202 of
the Public Health Service Act (42 U.S.C. 300d-3) is amended--
(1) by amending the section heading to read as follows:
``grants to improve trauma care in rural areas'';
(2) by amending subsections (a) and (b) to read as follows:
``(a) In General.--The Secretary shall award grants to eligible
entities for the purpose of carrying out research and demonstration
projects to support the improvement of emergency medical services and
trauma care in rural areas through the development of innovative uses
of technology, training and education, transportation of seriously
injured patients for the purposes of receiving such emergency medical
services, access to prehospital care, evaluation of protocols for the
purposes of improvement of outcomes and dissemination of any related
best practices, activities to facilitate clinical research, as
applicable and appropriate, and increasing communication and
coordination with applicable State or Tribal trauma systems.
``(b) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be a public or private entity
that provides trauma care in a rural area.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that will
provide services under the grant in any rural area identified
by a State under section 1214(d)(1).''; and
(3) by adding at the end the following:
``(d) Reports.--An entity that receives a grant under this section
shall submit to the Secretary such reports as the Secretary may require
to inform administration of the program under this section.''.
(c) Competitive Grants for Trauma Centers.--Section 1204 of the
Public Health Service Act (42 U.S.C. 300d-6) is amended--
(1) by amending the section heading to read as follows:
``competitive grants for trauma centers'';
(2) in subsection (a)--
(A) by striking ``that design, implement, and
evaluate'' and inserting ``to design, implement, and
evaluate new or existing'';
(B) by striking ``emergency care'' and inserting
``emergency medical''; and
(C) by inserting ``, and improve access to trauma
care within such systems'' before the period;
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) a State or consortia of States;
``(B) an Indian Tribe or Tribal organization (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act);
``(C) a consortium of level I, II, or III trauma
centers designated by applicable State or local
agencies within an applicable State or region, and, as
applicable, other emergency services providers; or
``(D) a consortium or partnership of nonprofit
Indian Health Service, Indian Tribal, and urban Indian
trauma centers.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``that proposes a pilot
project'';
(ii) by striking ``an emergency medical and
trauma system that--'' and inserting ``a new or
existing emergency medical and trauma system.
Such eligible entity shall use amounts awarded
under this subsection to carry out 2 or more of
the following activities:'';
(B) in paragraph (1) --
(i) by striking ``coordinates'' and
inserting ``Strengthening coordination and
communication''; and
(ii) by striking ``an approach to emergency
medical and trauma system access throughout the
region, including 9-1-1 Public Safety Answering
Points and emergency medical dispatch;'' and
inserting ``approaches to improve situational
awareness and emergency medical and trauma
system access.'';
(C) in paragraph (2)--
(i) by striking ``includes'' and inserting
``Providing'';
(ii) by inserting ``support patient
movement to'' after ``region to''; and
(iii) by striking the semicolon and
inserting a period;
(D) in paragraph (3)--
(i) by striking ``allows for'' and
inserting ``Improving''; and
(ii) by striking ``; and'' and inserting a
period;
(E) in paragraph (4), by striking ``includes a
consistent'' and inserting ``Supporting a consistent'';
and
(F) by adding at the end the following:
``(5) Establishing, implementing, and disseminating, or
utilizing existing, as applicable, evidence-based or evidence-
informed practices across facilities within such emergency
medical and trauma system to improve health outcomes, including
such practices related to management of injuries, and the
ability of such facilities to surge.
``(6) Conducting activities to facilitate clinical
research, as applicable and appropriate.'';
(5) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``the proposed'' and inserting ``the
applicable emergency medical and trauma
system'';
(ii) in clause (i), by inserting ``or
Tribal entity'' after ``equivalent State
office''; and
(iii) in clause (vi), by striking ``; and''
and inserting a semicolon;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) for eligible entities described in
subparagraph (C) or (D) of subsection (b)(1), a
description of, and evidence of, coordination with the
applicable State Office of Emergency Medical Services
(or equivalent State Office) or applicable such office
for a Tribe or Tribal organization; and'';
(6) in subsection (e), by adding at the end the following:
``(3) Effective date.--The matching requirement described
in paragraph (1) shall take effect on October 1, 2025.'';
(7) in subsection (f), by striking ``population in a
medically underserved area'' and inserting ``medically
underserved population'';
(8) in subsection (g)--
(A) in the matter preceding paragraph (1), by
striking ``described in'';
(B) in paragraph (2), by striking ``the system
characteristics that contribute to'' and inserting
``opportunities for improvement, including
recommendations for how to improve'';
(C) by striking paragraph (4);
(D) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(E) in paragraph (4), as so redesignated, by
striking ``; and'' and inserting a semicolon;
(F) in paragraph (5), as so redesignated, by
striking the period and inserting ``; and''; and
(G) by adding at the end the following:
``(6) any evidence-based or evidence-informed strategies
developed or utilized pursuant to subsection (c)(5).''; and
(9) by amending subsection (h) to read as follows:
``(h) Dissemination of Findings.--Not later than 1 year after the
completion of the final project under subsection (a), the Secretary
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the information contained in each
report submitted pursuant to subsection (g) and any additional actions
planned by the Secretary related to regionalized emergency care and
trauma systems.''.
(d) Program Funding.--Section 1232(a) of the Public Health Service
Act (42 U.S.C. 300d-32(a)) is amended by striking ``2010 through 2014''
and inserting ``2023 through 2027''.
SEC. 2114. ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFECTIOUS
DISEASES.
(a) GAO Study.--The Comptroller General of the United States shall
conduct a study that reviews a geographically diverse sample of States
and territories that, in response to the COVID-19 pandemic, implemented
preparedness and response plans that included isolation and quarantine
recommendations or requirements. Such study shall include--
(1) a review of such State and territorial preparedness and
response plans in place during the COVID-19 pandemic, an
assessment of the extent to which such plans facilitated or
presented challenges to State and territorial responses to such
public health emergency, including response activities relating
to isolation and quarantine to prevent the spread of COVID-19;
and
(2) a description of the technical assistance provided by
the Federal Government to help States and territories
facilitate such response activities during responses to
relevant public health emergencies declared by the Secretary of
Health and Human Services pursuant to section 319 of the Public
Health Service Act, including the public health emergency with
respect to COVID-19, and a review of the degree to which such
State and territorial plans were implemented and subsequently
revised in response to the COVID-19 pandemic to address any
challenges.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report on the study under subsection (a) to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 2115. CONSIDERATION OF UNIQUE CHALLENGES IN NONCONTIGUOUS STATES
AND TERRITORIES.
During any public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d), the Secretary of Health
and Human Services shall conduct quarterly meetings or consultations,
as applicable or appropriate, with noncontiguous States and territories
with regard to addressing unique public health challenges in such
States and territories associated with such public health emergency.
Subtitle B--Improving Public Health Preparedness and Response Capacity
CHAPTER 1--IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES
SEC. 2201. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
(a) In General.--Part B of title III of the Public Health Service
Act (42 U.S.C. 243 et seq.) is amended--
(1) by inserting after section 317U the following:
``SEC. 317V. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
``(a) In General.--The Secretary may, as appropriate, award grants,
contracts, or cooperative agreements to eligible entities for the
conduct of evidence-based or evidence-informed projects, which may
include the development of networks to improve health outcomes by
improving the capacity of such entities to address factors that
contribute to negative health outcomes in communities.
``(b) Eligible Entities.--To be eligible to receive an award under
this section, an entity shall--
``(1)(A) be a State, local, or Tribal health department,
community-based organization, Indian Tribe or Tribal
organization (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act), urban
Indian organization (as defined in section 4 of the Indian
Health Care Improvement Act), or other public or private
entity, as the Secretary determines appropriate; or
``(B) be a consortia of entities described in subparagraph
(A) or a public-private partnership, including a community
partnership;
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary shall require;
``(3) in the case of an entity other than a community-based
organization, demonstrate a history of successfully working
with an established community-based organization to address
health outcomes; and
``(4) submit a plan to conduct activities described in
subsection (a) based on a community needs assessment that takes
into account community input.
``(c) Use of Funds.--An entity described in subsection (b) shall
use funds received under subsection (a), in consultation with State,
local, and Tribal health departments, community-based organizations,
entities serving medically underserved communities, and other entities,
as applicable, for one or more of the following purposes:
``(1) Supporting the implementation, evaluation, and
dissemination of strategies, through evidence-informed or
evidence-based programs and through the support and use of
public health and health care professionals to address factors
related to health outcomes.
``(2) Establishing, maintaining, or improving, in
consultation with State, local, or Tribal health departments,
technology platforms or networks to support, in a manner that
is consistent with applicable Federal and State privacy law--
``(A) coordination among appropriate entities, and,
as applicable and appropriate, activities to improve
such coordination;
``(B) information sharing on health and related
social services; and
``(C) technical assistance and related support for
entities participating in the platforms or networks.
``(3) Implementing best practices for improving health
outcomes and reducing disease among underserved populations.
``(4) Supporting consideration of factors related to health
outcomes in preparing for, and responding to, public health
emergencies, through outreach, education, research, and other
relevant activities.
``(d) Best Practices and Technical Assistance.--The Secretary, in
consultation with the Director of the Office of Minority Health, the
National Coordinator for Health Information Technology, and the
Administrator of the Administration for Community Living, may award
grants, contracts, and cooperative agreements to public or nonprofit
private entities, including minority serving institutions (defined, for
purposes of this subsection, as institutions and programs described in
section 326(e)(1) of the Higher Education Act of 1965 and institutions
described in section 371(a) of such Act of 1965), to--
``(1) identify or facilitate the development of best
practices to support improved health outcomes for underserved
populations;
``(2) provide technical assistance, training, and
evaluation assistance to award recipients under subsection (a);
``(3) disseminate best practices, including to award
recipients under subsection (a); and
``(4) leverage, establish, or operate regional centers to
develop, evaluate, and disseminate effective strategies on
factors related to health outcomes, including supporting
research and training related to such strategies.
``(e) Award Periods.--The Secretary shall issue awards under this
section for periods of not more than 5 years and may issue extensions
of such award periods for an additional period of up to 3 years.
``(f) Report.--Not later than September 30, 2026, the Secretary
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that includes information on activities funded
under this section. Such report shall include a description of--
``(1) changes in the capacity of public health entities to
address factors related to health outcomes in communities,
including any applicable platforms or networks developed or
utilized to coordinate health and related social services and
any changes in workforce capacity or capabilities;
``(2) improvements in health outcomes and in reducing
health disparities in medically underserved communities;
``(3) activities conducted to support consideration of
factors related to health outcomes in preparing for, and
responding to, public health emergencies, through outreach,
education, and other relevant activities;
``(4) communities and populations served by recipients of
awards under subsection (a);
``(5) activities supported under subsection (e); and
``(6) other relevant activities and outcomes, as determined
by the Secretary.
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $35,000,000 for each of fiscal
years 2023 through 2027. Of the amounts appropriated under this
subsection for a fiscal year, 5 percent shall be reserved for awards
under subsection (a) to Indian Tribes and Tribal organizations (as such
terms are defined in section 4 of the Indian Self-Determination and
Education Assistance Act), urban Indian organizations (as defined in
section 4 of the Indian Health Care Improvement Act), and Tribal health
departments.''; and
(2) by striking section 330D (42 U.S.C. 254c-4).
(b) GAO Study and Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Energy and Committee on Energy and Commerce of
the House of Representatives a report on the program authorized under
section 317V of the Public Health Service Act, as added by subsection
(a), including a review of the outcomes and effectiveness of the
program and coordination with other programs in the Department of
Health and Human Services with similar goals to ensure that there was
no unnecessary duplication of efforts.
CHAPTER 2--IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA
SEC. 2211. MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE
CAPABILITIES AND INFECTIOUS DISEASE DATA.
Section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is
amended--
(1) in subsection (a)(3)--
(A) in the matter that precedes subparagraph (A),
by striking ``. Activities'' and all that follows
through ``include'' and inserting ``, by''; and
(B) in subparagraph (D), by inserting ``,
infectious disease outbreaks,'' after ``bioterrorism'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``, and local'' and
inserting ``, local, and Tribal''; and
(II) by adding ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking ``;
and'' and inserting ``;''; and
(iii) by striking subparagraph (C); and
(B) in paragraph (2)--
(i) by inserting ``, deidentified'' before
``information''; and
(ii) by adding at the end the following:
``The Secretary shall ensure that the
activities carried out pursuant to the previous
sentence are conducted in a manner that
protects personal privacy, to the extent
required by applicable Federal and State
information privacy or security law, at a
minimum.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``modernize,'' after
``establish,'';
(ii) by inserting ``that is deidentified,
as applicable,'' after ``share data and
information'';
(iii) by inserting ``, to the extent
practicable'' before the period of the second
sentence; and
(iv) by adding at the end the following:
``The Secretary shall ensure that the
activities carried out pursuant to this
paragraph are conducted in a manner that
protects personal privacy, to the extent
required by applicable Federal and State
information privacy or security law, at a
minimum.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iii), by adding
``and'' after the semicolon;
(II) in clause (iv), by striking
``; and'' and inserting a period; and
(III) by striking clause (v); and
(ii) in subparagraph (B), by inserting ``,
and make recommendations to improve the quality
of data collected pursuant to subparagraph (A)
to ensure complete, accurate, and timely
sharing of such data, as appropriate, across
such elements as described in subparagraph
(A)'' after ``under subparagraph (A)'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``and operating'' and
inserting ``, operating, and updating,
as appropriate,'';
(II) in clause (iii)--
(aa) by inserting ``that is
deidentified, as applicable,''
after ``analyses''; and
(bb) by inserting ``in
accordance with applicable
Federal and State privacy and
security law'' before the
semicolon at the end;
(III) in clause (iv), by striking
``and'' at the end;
(IV) in clause (v), by striking the
period and inserting ``; and''; and
(V) by adding at the end the
following:
``(vi) in collaboration with State, local,
and Tribal public health officials, integrate
and update applicable existing public health
data systems and networks of the Department of
Health and Human Services to reflect
technological advancements, consistent with
section 2823, as applicable.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting
``and 180 days after the date of
enactment of the PREVENT Pandemics
Act,'' after ``Innovation Act of
2019,'';
(II) in clause (ii), by striking
``and other representatives as the
Secretary determines appropriate'' and
inserting ``experts in State-based
public health data systems; experts in
standards and implementation
specifications, including transaction
standards; and experts in privacy and
data security''; and
(III) in clause (iii)--
(aa) in subclause (IV), by
inserting ``, including
existing public health data
systems'' before the semicolon;
(bb) in subclause (V), by
striking ``and'' at the end;
(cc) in subclause (VI), by
striking the period and
inserting a semicolon; and
(dd) by adding at the end
the following:
``(VII) strategies to integrate
laboratory and public health data
systems and capabilities to support
rapid and accurate reporting of
laboratory test results and associated
relevant data;
``(VIII) strategies to improve the
collection, reporting, and
dissemination of relevant, aggregated,
deidentified demographic data to inform
responses to public health emergencies,
including identification of at-risk
populations and to address potential
health disparities; and
``(IX) strategies to improve the
electronic exchange of health
information, as appropriate, between
State and local health departments and
health care providers and facilities to
improve the detection of, and responses
to, potentially catastrophic infectious
disease outbreaks.'';
(D) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
inserting ``and every 5 years thereafter,''
after ``Innovation Act of 2019,''
(ii) in clause (iii)--
(I) in subclause (III), by striking
``and'' at the end; and
(II) by adding at the end the
following:
``(V) improve coordination and
collaboration, as appropriate, with
other Federal departments to improve
the capabilities of the network and
reduce administrative burden on State,
local, and Tribal entities; and
``(VI) implement applicable lessons
learned from recent public health
emergencies to address gaps in
situational awareness and
biosurveillance capabilities;'';
(iii) in clause (iv), by striking ``and''
at the end;
(iv) in clause (v), by striking the period
and inserting ``, including a description of
how such steps will further the goals of the
network, consistent with paragraph (1); and'';
and
(v) by adding at the end the following:
``(vi) identifies and demonstrates
measurable steps the Secretary will take to
further develop and integrate infectious
disease detection, support rapid, accurate, and
secure sharing of laboratory test results,
deidentified as appropriate, during a public
health emergency, and improve coordination and
collaboration with State, local, and Tribal
public health officials, clinical laboratories,
and other entities with expertise in public
health surveillance.''; and
(E) by adding at the end the following:
``(9) Rules of construction.--
``(A) Nothing in this subsection shall be construed
to supplant, in whole or in part, State, local, or
Tribal activities or responsibilities related to public
health surveillance.
``(B) Nothing in this subsection shall be construed
to alter the authority of the Secretary with respect to
the types of data the Secretary may receive through
systems supported or established under this section.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``deidentified''
before ``data, information''; and
(II) by inserting ``, in
consultation with such State or
consortium of States'' before the
semicolon;
(ii) in subparagraph (C), by inserting ``,
including any public-private partnerships or
other partnerships entered into to improve such
capacity'' before the semicolon; and
(B) by adding at the end the following:
``(6) Non-duplication of effort.--The Secretary shall
ensure that activities carried out under an award under this
subsection do not unnecessarily duplicate efforts of other
agencies and offices within the Department of Health and Human
Services.'';
(5) by striking subsection (e);
(6) by redesignating subsections (f), (g), (h), (i), and
(j), as subsections (e), (f), (g), (h), and (i), respectively;
(7) by striking subsection (h), as redesignated by
paragraph (6), and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to carry out subsection (a), $25,000,000 for each of
fiscal years 2022 and 2023; and
``(2) to carry out subsections (b), (c), and (d),
$136,800,000 for each of fiscal years 2022 and 2023.''; and
(8) by striking ``tribal'' each place it appears and
inserting ``Tribal''.
SEC. 2212. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS.
(a) Guidance Supporting Genomic Sequencing of Pathogens
Collaboration.--The Secretary of Health and Human Services (referred to
in this section as the ``Secretary''), in consultation with the heads
of other Federal departments or agencies, as appropriate, shall issue
guidance to support collaboration relating to genomic sequencing of
pathogens, including the use of new and innovative approaches and
technology for the detection, characterization, and sequencing of
pathogens, to improve public health surveillance and preparedness and
response activities, consistent with section 2824 of the Public Health
Service Act, as added by subsection (b). Such guidance shall address
the secure sharing, for public health surveillance purposes, of
specimens of such pathogens, between appropriate entities and public
health authorities, consistent with the regulations promulgated under
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note), as applicable, and in a manner
that protects personal privacy to the extent required by applicable
privacy law, at a minimum, and the appropriate use of sequence data
derived from such specimens.
(b) Genomic Sequencing Program.--Title XXVIII of the Public Health
Service Act (42 U.S.C. 300hh et seq.) is amended by adding at the end
the following:
``SEC. 2824. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS PROGRAM.
``(a) Genomic Sequencing, Analytics, and Public Health Surveillance
of Pathogens Program.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in consultation with
the Director of the National Institutes of Health and heads of other
departments and agencies, as appropriate, shall strengthen and expand
activities related to genomic sequencing of pathogens, including
through new and innovative approaches and technology for the detection,
characterization, and sequencing of pathogens, analytics, and public
health surveillance, including--
``(1) continuing and expanding activities, which may
include existing genomic sequencing activities related to
advanced molecular detection, to--
``(A) identify and respond to emerging infectious
disease threats; and
``(B) identify the potential use of genomic
sequencing technologies, advanced computing, and other
advanced technology to inform surveillance activities
and incorporate the use of such technologies, as
appropriate, into related activities;
``(2) providing technical assistance and guidance to State,
Tribal, local, and territorial public health departments to
increase the capacity of such departments to perform genomic
sequencing of pathogens, including recipients of funding under
section 2821;
``(3) carrying out activities to enhance the capabilities
of the public health workforce with respect to pathogen
genomics, epidemiology, and bioinformatics, including through
training; and
``(4) continuing and expanding activities, as applicable,
with public and private entities, including relevant
departments and agencies, laboratories, academic institutions,
and industry.
``(b) Partnerships.--For the purposes of carrying out the
activities described in subsection (a), the Secretary, acting through
the Director of the Centers for Disease Control and Prevention, may
award grants, contracts, or cooperative agreements to entities,
including academic and other laboratories, with expertise in genomic
sequencing for public health purposes, including new and innovative
approaches to, and related technology for, the detection,
characterization, and sequencing of pathogens.
``(c) Centers of Excellence.--
``(1) In general.--The Secretary shall, as appropriate,
award grants, contracts, or cooperative agreements to public
health agencies for the establishment or operation of centers
of excellence to promote innovation in pathogen genomics and
molecular epidemiology to improve the control of and response
to pathogens that may cause a public health emergency. Such
centers shall, as appropriate--
``(A) identify and evaluate the use of genomics, or
other related technologies that may advance public
health preparedness and response;
``(B) improve the identification, development, and
use of tools for integrating and analyzing genomic and
epidemiologic data;
``(C) assist with genomic surveillance of, and
response to, infectious diseases, including analysis of
pathogen genomic data;
``(D) conduct applied research to improve public
health surveillance of, and response to, infectious
diseases through innovation in pathogen genomics and
molecular epidemiology; and
``(E) develop and provide training materials for
experts in the fields of genomics, microbiology,
bioinformatics, epidemiology, and other fields, as
appropriate.
``(2) Requirements.--To be eligible for an award under
paragraph (1), an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including a description of how the entity will
partner, as applicable, with academic institutions or a
consortium of academic partners that have relevant expertise,
such as microbial genomics, molecular epidemiology, or the
application of bioinformatics or statistics.''.
(c) Report to Congress.--Not later than 90 days after the date of
enactment of the PREVENT Pandemics Act, and 90 days following
expenditure of all funds under section 2402 of the American Rescue Plan
Act of 2021 (Public Law 117-2), the Director of the Centers for Disease
Control and Prevention shall submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives outlining how
funds awarded under such section 2402 were expended as of the date of
such report.
SEC. 2213. SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.
(a) Designation of Public Health Data Standards.--Section
2823(a)(2) of the Public Health Service Act (42 U.S.C. 300hh-33(a)(2))
is amended--
(1) by striking ``In carrying out'' and inserting the
following:
``(A) In general.--In carrying out''; and
(2) by striking ``shall, as appropriate and'' and inserting
``shall, not later than 2 years after the date of enactment of
the PREVENT Pandemics Act,''; and
(3) by adding at the end the following:
``(B) No duplicative efforts.--
``(i) In general.--In carrying out the
requirements of this paragraph, the Secretary,
in consultation with the Office of the National
Coordinator for Health Information Technology,
may use input gathered (including input and
recommendations gathered from the Health
Information Technology Advisory Committee), and
materials developed, prior to the date of
enactment of the PREVENT Pandemics Act.
``(ii) Designation of standards.--
Consistent with sections 13111 and 13112 of the
HITECH Act, the data and technology standards
designated pursuant to this paragraph shall
align with the standards and implementation
specifications previously adopted by the
Secretary pursuant to section 3004, as
applicable.
``(C) Privacy and security.--Nothing in this
paragraph shall be construed as modifying applicable
Federal or State information privacy or security
law.''.
(b) Study on Laboratory Information Standards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Office of the National Coordinator
for Health Information Technology shall conduct a study to
review the use of standards for electronic ordering and
reporting of laboratory test results.
(2) Areas of concentration.--In conducting the study under
paragraph (1), the Office of the National Coordinator for
Health Information Technology shall--
(A) determine the extent to which clinical
laboratories are using standards for electronic
ordering and reporting of laboratory test results;
(B) assess trends in laboratory compliance with
standards for ordering and reporting laboratory test
results and the effect of such trends on the
interoperability of laboratory data with public health
data systems;
(C) identify challenges related to collection and
reporting of demographic and other data elements with
respect to laboratory test results;
(D) identify any challenges associated with using
or complying with standards and reporting laboratory
test results with data elements identified in standards
for electronic ordering and reporting of such results;
and
(E) review other relevant areas determined
appropriate by the Office of the National Coordinator
for Health Information Technology.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Office of the National Coordinator
for Health Information Technology shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report concerning the findings of the study
conducted under paragraph (1).
(c) Data Use Agreements.--
(1) Interagency data use agreements within the department
of health and human services for public health emergencies.--
(A) In general.--The Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall, as appropriate, facilitate the
development of, or updates to, memoranda of
understanding, data use agreements, or other applicable
interagency agreements regarding appropriate access,
exchange, and use of public health data between the
Centers for Disease Control and Prevention, the Office
of the Assistant Secretary for Preparedness and
Response, other relevant agencies or offices within the
Department of Health and Human Services, and other
relevant Federal agencies, in order to prepare for,
identify, monitor, and respond to declared or potential
public health emergencies.
(B) Requirements.--In carrying out activities
pursuant to subparagraph (A), the Secretary shall--
(i) ensure that the agreements and
memoranda of understanding described in such
subparagraph--
(I) address the methods of granting
access to data held by one agency or
office with another to support the
respective missions of such agencies or
offices;
(II) consider minimum necessary
principles of data sharing for
appropriate use;
(III) include appropriate privacy
and cybersecurity protections; and
(IV) are subject to regular
updates, as appropriate;
(ii) collaborate with the Centers for
Disease Control and Prevention, the Office of
the Assistant Secretary for Preparedness and
Response, the Office of the Chief Information
Officer, and, as appropriate, the Office of the
National Coordinator for Health Information
Technology, and other entities within the
Department of Health and Human Services; and
(iii) consider the terms and conditions of
any existing data use agreements with other
public or private entities and any need for
updates to such existing agreements, consistent
with paragraph (2).
(2) Data use agreements with external entities.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and the Assistant Secretary for
Preparedness and Response, may update memoranda of
understanding, data use agreements, or other applicable
agreements and contracts to improve appropriate access,
exchange, and use of public health data between the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response and external entities,
including State, Tribal, and territorial health departments,
laboratories, hospitals and other health care providers,
electronic health records vendors, and other entities, as
applicable and appropriate, in order to prepare for, identify,
monitor, and respond to declared or potential public health
emergencies.
(3) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives on the status of the agreements under this
subsection.
(d) Improving Information Sharing and Availability of Public Health
Data.--Part A of title III of the Public Health Service Act (42 U.S.C.
241 et seq.) is amended by adding at the end the following:
``SEC. 310B. IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION SHARING.
``(a) In General.--The Secretary may, in consultation with State,
local, and Tribal public health officials, carry out activities to
improve the availability of appropriate and applicable public health
data related to communicable diseases, and information sharing between,
the Director of the Centers for Disease Control and Prevention, the
Assistant Secretary for Preparedness and Response, and such State,
local, and Tribal public health officials, which may include such data
from--
``(1) health care providers and facilities;
``(2) public health and clinical laboratories;
``(3) health information exchanges and health information
networks; and
``(4) State, local, and Tribal health departments.
``(b) Content, Form, and Manner.--The Secretary shall, consistent
with the requirements of this section, work with such officials and
relevant stakeholders to provide information on the content, form, and
manner in which such data, deidentified as applicable, may most
effectively support the ability of State, local, and Tribal health
departments to respond to such communicable diseases, including related
to the collection and reporting of demographic and other relevant data
elements. Such form and manner requirements shall align with the
standards and implementation specifications adopted by the Secretary
under section 3004, as applicable.
``(c) Decreased Burden.--In facilitating the coordination of
efforts under subsection (a), the Secretary shall make reasonable
efforts to limit reported public health data to the minimum necessary
information needed to accomplish the intended public health purpose.
``(d) Exemption of Certain Public Health Data From Disclosure.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, may exempt from disclosure under section
552(b)(3) of title 5, United States Code, public health data that are
gathered under this section if--
``(1) an individual is identified through such data; or
``(2) there is at least a very small risk, as determined by
current scientific practices or statistical methods, that some
combination of the information, the request, and other
available data sources or the application of technology could
be used to deduce the identity of an individual.''.
(e) Improving State, Local, and Tribal Public Health Data.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award
grants, contracts, or cooperative agreements to eligible
entities for purposes of identifying, developing, or
disseminating best practices in electronic health information
and the use of designated data standards and implementation
specifications, including privacy standards, to improve the
quality and completeness of data, including demographic data
used for public health purposes.
(2) Eligible entities.--To be eligible to receive an award
under this subsection an entity shall--
(A) be a health care provider, academic medical
center, community-based organization, State, local
governmental entity, Indian Tribe or Tribal
organization (as such terms are defined in section 4 of
the Indian Self Determination and Education Assistance
Act (25 U.S.C. 5304)), urban Indian organization (as
defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603)), or other appropriate
public or private nonprofit entity, or a consortia of
any such entities; and
(B) submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
(3) Activities.--Entities receiving awards under this
subsection shall use such award to develop and test best
practices for training health care providers to use standards
and implementation specifications that assist in the capture,
access, exchange, and use of electronic health information,
deidentified as applicable, such as demographic information,
disability status, veteran status, and functional status. Such
activities shall include, at a minimum--
(A) improving, understanding, and using data
standards and implementation specifications;
(B) developing or identifying methods to improve
communication with patients in a culturally- and
linguistically-appropriate manner, including to better
capture information related to demographics of such
individuals;
(C) developing methods for accurately categorizing
and recording patient responses using available data
standards;
(D) educating providers regarding the utility of
such information for public health purposes and the
importance of accurate collection and recording of such
data; and
(E) providing information regarding how data will
be deidentified if used for such public health
purposes, as applicable and appropriate.
(4) Reporting.--
(A) Reporting by award recipients.--Each recipient
of an award under this subsection shall submit to the
Secretary a report on the results of best practices
identified, developed, or disseminated through such
award.
(B) Report to congress.--Not later than 1 year
after the completion of the program under this
subsection, the Secretary shall submit a report to
Congress on the success of best practices developed
under such program, opportunities for further
dissemination of such best practices, and
recommendations for improving the capture, access,
exchange, and use of information to improve public
health and reduce health disparities.
(5) Non-duplication of efforts.--The Secretary shall ensure
that the activities and programs carried out under this
subsection are free of unnecessary duplication of effort.
(f) Rules of Construction.--Nothing in this section shall be
construed to--
(1) supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health
surveillance, as applicable;
(2) alter the authority of the Secretary with respect to
the types of data the Secretary may receive through systems
supported or established in this section or other laws; or
(3) modify applicable Federal or State information privacy
or security law.
SEC. 2214. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et
seq.), as amended by section 2212, is further amended by adding at the
end the following:
``SEC. 2825. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall continue
activities related to the development of infectious disease outbreak
analysis capabilities to enhance the prediction, modeling, and
forecasting of potential public health emergencies and other infectious
disease outbreaks, which may include activities to support preparedness
for, and response to, such emergencies and outbreaks. In carrying out
this subsection, the Secretary shall identify strategies to include and
leverage, as appropriate, the capabilities to public and private
entities, which may include conducting such activities through
collaborative partnerships with public and private entities, including
academic institutions, and other Federal agencies, consistent with
section 319D, as applicable.
``(b) Considerations.--In carrying out subsection (a), the
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, may consider public health data and, as
appropriate, other data sources related to preparedness for, or
response to, public health emergencies and infectious disease
outbreaks.
``(c) Annual Reports.--Not later than 1 year after the date of
enactment of this section, and annually thereafter for each of the
subsequent 4 years, the Secretary shall prepare and submit a report, to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, regarding an update on progress on activities
conducted under this section to develop infectious disease outbreak
analysis capabilities and any additional information relevant to such
efforts.''.
SEC. 2215. PUBLIC HEALTH DATA TRANSPARENCY.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall issue a
report assessing practices, objectives, and associated progress and
challenges in achieving such objectives, of the Centers of Disease
Control and Prevention with respect to the collection and dissemination
of public health data related to a public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d) or
a potential public health emergency.
(b) Plan.--Not later than 180 days following the issuance of the
report pursuant to paragraph (1), the Director of the Centers for
Disease Control and Prevention shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a plan that shall
include--
(1) steps to improve the timely reporting and dissemination
of deidentified public health data related to a public health
emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d) or a potential public health
emergency that is collected by the Centers for Disease Control
and Prevention, including any associated barriers;
(2) recommendations to Congress regarding gaps in such
practices and objectives described in subsection (a); and
(3) considerations regarding the requirements and
limitations of data use agreements for such purposes, as
applicable, and any efforts undertaken to address those
requirements and limitations.
SEC. 2216. GAO REPORT ON PUBLIC HEALTH PREPAREDNESS, RESPONSE, AND
RECOVERY DATA CAPABILITIES.
(a) Study.--The Comptroller General of the United States (referred
to in this section as the ``Comptroller General'') shall conduct a
study on the efforts of the Department of Health and Human Services to
ensure that public health preparedness, response, and recovery data
capabilities related to pandemic and other biological threats are not
unnecessarily duplicative, overlapping, or fragmented. Such study shall
include--
(1) a comprehensive list of all public health preparedness,
response, and recovery data collection, such as incidence and
prevalence of disease tracking, hospitalizations, critical care
capacity, and testing programs, at the Department of Health and
Human Services, as identified by the department and its
component agencies;
(2) an analysis of any duplication, overlap, or
fragmentation of the programs identified in paragraph (1);
(3) identification of any efforts of the Department of
Health and Human Services to reduce unnecessary duplication and
improve coordination, efficiency, and effectiveness of such
programs and any associated challenges;
(4) any practices that threaten individual privacy and
recommendations to improve the protection of individual,
identifiable data; and
(5) a description of the funding and other resources
dedicated to the operation of each such program identified in
paragraph (1).
(b) Reporting.--
(1) In general.--Based on the study conducted under
subsection (a), the Comptroller General shall--
(A) not later than 6 months after the date of
enactment of this Act, provide a briefing to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives; and
(B) not later than 18 months after the date of
enactment of this Act, submit to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a complete report on such study.
(2) Recommendations.--The report under paragraph (1)(B)
shall include recommendations, as appropriate, with respect to
public health preparedness, response, and recovery data
programs at the Department of Health and Human Services, to--
(A) streamline data collection and reduce
fragmentation and address any associated challenges;
(B) reduce duplication in such programs; and
(C) improve information-sharing across programs.
CHAPTER 3--REVITALIZING THE PUBLIC HEALTH WORKFORCE
SEC. 2221. IMPROVING RECRUITMENT AND RETENTION OF THE FRONTLINE PUBLIC
HEALTH WORKFORCE.
(a) In General.--Section 776 of the Public Health Service Act (42
U.S.C. 295f-1) is amended--
(1) in subsection (a)--
(A) by striking ``supply of'' and inserting
``supply of, and encourage recruitment and retention
of,''; and
(B) by striking ``Federal,'';
(2) in subsection (b)--
(A) by amending paragraph (1)(A) to read as
follows:
``(1)(A)(i) be accepted for enrollment, or be enrolled, as
a student in an accredited institution of higher education or
school of public health in the final semester (or equivalent)
of a program leading to a certificate or degree, including a
master's or doctoral degree, in public health, epidemiology,
laboratory sciences, data systems, data science, data
analytics, informatics, statistics, or another subject matter
related to public health; and
``(ii) be employed by, or have accepted employment with, a
State, local, or Tribal public health agency, or a related
training fellowship at such State, local, or Tribal public
health agency, as recognized by the Secretary, to commence upon
graduation; or''; and
(B) in paragraph (1)(B)--
(i) in clause (i)--
(I) by striking ``accredited
educational institution in a State or
territory'' and inserting ``accredited
institution of higher education or
school of public health''; and
(II) by striking ``a public health
or health professions degree or
certificate'' and inserting ``a
certificate or degree, including a
master's or doctoral degree, in public
health, epidemiology, laboratory
sciences, data systems, data science,
data analytics, informatics,
statistics, or another subject matter
related to public health''; and
(ii) in clause (ii)--
(I) by striking ``Federal,''; and
(II) by striking ``fellowship,''
and inserting ``fellowship at such
State, local, or Tribal public health
agency,'';
(3) in subsection (c)(2)--
(A) by striking ``Federal,''; and
(B) by striking ``equal to the greater of--'' and
all that follows through the end of subparagraph (B)
and inserting ``of at least 3 consecutive years;'';
(4) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--A loan repayment provided for an
individual under a written contract under the Program shall
consist of payment, in accordance with paragraph (2), for the
individual toward the outstanding principal and interest on
education loans incurred by the individual in the pursuit of
the relevant degree or certificate described in subsection
(b)(1) in accordance with the terms of the contract.''; and
(B) in paragraph (2)--
(i) by striking ``For each year'' and
inserting the following:
``(A) In general.--For each year'';
(ii) by striking ``$35,000'' and inserting
``$50,000'';
(iii) by striking ``$105,000'' and
inserting ``$150,000''; and
(iv) by adding at the end the following:
``(B) Considerations.--The Secretary may take
action in making awards under this section to ensure
that--
``(i) an appropriate proportion of
contracts are awarded to individuals who are
eligible to participate in the program pursuant
to subsection (b)(1)(A); and
``(ii) contracts awarded under this section
are equitably distributed among--
``(I) the geographical regions of
the United States;
``(II) local, State, and Tribal
public health departments; and
``(III) such public health
departments under subclause (II)
serving rural and urban areas.'';
(5) in subsection (e), by striking ``receiving a degree or
certificate from a health professions or other related school''
and inserting ``with a contract to serve under subsection
(c)'';
(6) in subsection (f), by adding at the end the following:
``In the event that a participant fails to either begin or
complete the obligated service requirement of the loan
repayment contract under this section, the Secretary may waive
or suspend either the unfulfilled service or the assessed
damages as provided for under section 338E(d), as
appropriate.'';
(7) by redesignating subsection (g) as subsection (i);
(8) by inserting after subsection (f) the following:
``(g) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education or training for employment by
a health department.
``(2) Any loan under part E of title VIII (relating to
nursing student loans).
``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(4) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(5) Any other Federal loan, as the Secretary determines
appropriate.
``(h) Pilot Program.--
``(1) In general.--The Secretary shall, as appropriate,
establish a pilot program, to be known as the Bio-Preparedness
Workforce Pilot Program, to provide for loan repayment for
health professionals with expertise in infectious diseases and
emergency preparedness and response activities to ensure an
adequate supply of such professionals. Such program shall be
administered consistent with the requirements of this section,
except that, to be eligible to participate in the pilot
program, an individual shall--
``(A)(i) be accepted for enrollment, or be
enrolled, as a student in an accredited institution of
higher education in the final semester (or equivalent)
of a program leading to a health professions degree or
certificate program relevant to such program; or
``(ii) have graduated, during the preceding 10-year
period, from an accredited institution of higher
education with a health professions degree or
certificate program relevant to such program; and
``(B) be employed by, or have accepted employment
with--
``(i) a Federal health care facility;
``(ii) a nonprofit health care facility
that is located in a health professional
shortage area (as defined in section 332), a
frontier health professional shortage area (as
defined in section 799B), or a medically
underserved community (as defined in section
799B);
``(iii) an entity receiving assistance
under title XXVI for the provision of clinical
services;
``(iv) a health program, or a facility,
operated by an Indian Tribe or Tribal
organization (as those terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act) or by an urban Indian
organization (as defined in section 4 of the
Indian Health Care Improvement Act); or
``(v) another relevant entity determined
appropriate by the Secretary, as a health
professional with expertise in infectious
diseases or emergency preparedness and
response.
``(2) Non-duplication of effort.--The Secretary shall
ensure that the pilot program established under paragraph (1)
does not unnecessarily duplicate the National Health Service
Corps Loan Repayment Program, or any other loan repayment
program operated by the Department of Health and Human
Services.
``(3) Evaluation and report to congress.--
``(A) In general.--The Secretary shall evaluate the
pilot program at the conclusion of the first cycle of
recipients funded by the pilot program.
``(B) Report.--
``(i) In general.--The Secretary shall
submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House
of Representatives a report on the evaluation
under subparagraph (A). The report shall
include, at a minimum, outcomes information
from the pilot program, including any impact on
recruitment and retention of health
professionals with expertise in infectious
diseases and emergency preparedness and
response activities.
``(ii) Recommendation.--The report under
this subparagraph shall include a
recommendation by the Secretary as to whether
the pilot program under this subsection should
be extended.'';
(9) in subsection (i), as so redesignated, by striking
``$195,000,000 for fiscal year 2010, and such sums as may be
necessary for each of fiscal years 2011 through 2015'' and
inserting ``$100,000,000 for each of fiscal years 2023 through
2025''; and
(10) by striking ``tribal'' each place such term appears
and inserting ``Tribal''.
(b) GAO Study on Public Health Workforce.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct an evaluation of what is known about the public
health workforce in the United States, which shall address--
(A) existing gaps in the Federal, State, local,
Tribal, and territorial public health workforce,
including positions that may be required to prepare
for, and respond to, a public health emergency such as
COVID-19;
(B) challenges associated with the hiring,
recruitment, and retention of the Federal, State,
local, Tribal, and territorial public health workforce;
and
(C) Federal efforts to improve hiring, recruitment,
and retention of the public health workforce; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on such
review.
SEC. 2222. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY
HEALTH.
(a) In General.--Section 399V of the Public Health Service Act (42
U.S.C. 280g-11) is amended--
(1) by amending the section heading to read as follows:
``awards to support community health workers and community
health'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities to promote positive health
behaviors and outcomes for populations in medically underserved
communities by leveraging community health workers, including by
addressing ongoing and longer-term community health needs, and by
building the capacity of the community health worker workforce. Such
grants, contracts, and cooperative agreements shall be awarded in
alignment and coordination with existing funding arrangements
supporting community health workers.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Grants awarded'' and
inserting ``Subject to any requirements for the
scope of licensure, registration, or
certification of a community health worker
under applicable State law, grants, contracts,
and cooperative agreements awarded''; and
(ii) by striking ``support community health
workers'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraphs (1) and (2) and
inserting the following:
``(1) recruit, hire, train, and retain community health
workers that reflect the needs of the community;
``(2) support community health workers in providing
education and outreach, in a community setting, regarding--
``(A) health conditions prevalent in--
``(i) medically underserved communities (as
defined in section 799B), particularly racial
and ethnic minority populations; and
``(ii) other such at-risk populations or
geographic areas that may require additional
support during public health emergencies, which
may include counties identified by the
Secretary using applicable measures developed
by the Centers for Disease Control and
Prevention or other Federal agencies; and
``(B) addressing health disparities, including by--
``(i) promoting awareness of services and
resources to increase access to health care,
mental health and substance use disorder
services, child services, technology, housing
services, educational services, nutrition
services, employment services, and other
services; and
``(ii) assisting in conducting individual
and community needs assessments;
``(3) educate community members, including regarding
effective strategies to promote healthy behaviors;'';
(D) in paragraph (4), as so redesignated, by
striking ``to educate'' and inserting ``educate'';
(E) in paragraph (5), as so redesignated--
(i) by striking ``to identify'' and
inserting ``identify'';
(ii) by striking ``healthcare agencies''
and inserting ``health care agencies''; and
(iii) by striking ``healthcare services and
to eliminate duplicative care; or'' and
inserting ``health care services and to
streamline care, including serving as a liaison
between communities and health care agencies;
and''; and
(F) in paragraph (6), as so redesignated--
(i) by striking ``to educate, guide, and
provide'' and inserting ``support community
health workers in educating, guiding, or
providing''; and
(ii) by striking ``maternal health and
prenatal care'' and inserting ``chronic
diseases, maternal health, prenatal, and
postpartum care in order to improve maternal
and infant health outcomes'';
(4) in subsection (c), by striking ``Each eligible entity''
and all that follows through ``accompanied by'' and inserting
``To be eligible to receive an award under subsection (a), an
entity shall prepare and submit to the Secretary an application
at such time, in such manner, and containing'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``awarding grants'' and inserting ``making
awards'';
(B) by amending paragraph (1) to read as follows:
``(1) propose to serve--
``(A) areas with populations that have a high rate
of chronic disease, infant mortality, or maternal
morbidity and mortality;
``(B) low-income populations, including medically
underserved populations (as defined in section
330(b)(3));
``(C) populations residing in health professional
shortage areas (as defined in section 332(a));
``(D) populations residing in maternity care health
professional target areas identified under section
332(k); or
``(E) rural or traditionally underserved
populations, including racial and ethnic minority
populations or low-income populations;'';
(C) in paragraph (2), by striking ``; and'' and
inserting ``, including rural populations and racial
and ethnic minority populations;'';
(D) in paragraph (3), by striking ``with community
health workers.'' and inserting ``and established
relationships with community health workers in the
communities expected to be served by the program;'' and
(E) by adding at the end the following:
``(4) develop a plan for providing services to the extent
practicable, in the language and cultural context most
appropriate to individuals expected to be served by the
program; and
``(5) propose to use evidence-informed or evidence-based
practices, as applicable and appropriate.'';
(6) in subsection (e)--
(A) by striking ``community health worker
programs'' and inserting ``eligible entities''; and
(B) by striking ``and one-stop delivery systems
under section 121(e)'' and inserting ``, health
professions schools, minority-serving institutions
(defined, for purposes of this subsection, as
institutions and programs described in section
326(e)(1) of the Higher Education Act of 1965 and
institutions described in section 371(a) of such Act),
area health education centers under section 751 of this
Act, and one-stop delivery systems under section 121'';
(7) by striking subsections (f), (g), (h), (i), and (j) and
inserting the following:
``(f) Technical Assistance.--The Secretary may provide to eligible
entities that receive awards under subsection (a) technical assistance
with respect to planning, development, and operation of community
health worker programs authorized or supported under this section.
``(g) Dissemination of Best Practices.--Not later than 4 years
after the date of enactment of the PREVENT Pandemics Act, the Secretary
shall, based on activities carried out under this section and in
consultation with relevant stakeholders, identify and disseminate
evidence-based or evidence-informed practices regarding recruitment and
retention of community health workers and paraprofessionals to address
ongoing public health and community health needs, and to prepare for,
and respond to, future public health emergencies.
``(h) Report to Congress.--Not later than 4 years after the date of
enactment of the PREVENT Pandemics Act, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee on Energy
and Commerce and the Committee on Appropriations of the House of
Representatives a report concerning the effectiveness of the program
under this section in addressing ongoing public health and community
health needs. Such report shall include recommendations regarding any
improvements to such program, including recommendations for how to
improve recruitment, training, and retention of the community health
workforce.
``(i) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $50,000,000
for each of fiscal years 2023 through 2027.'';
(8) by redesignating subsection (k) as subsection (j); and
(9) in subsection (j), as so redesignated--
(A) by striking paragraphs (1), (2), and (4);
(B) by redesignating paragraph (3) as paragraph
(1);
(C) in paragraph (1), as so redesignated--
(i) by striking ``entity (including a State
or public subdivision of a State'' and
inserting ``entity, including a State or
political subdivision of a State, an Indian
Tribe or Tribal organization, an urban Indian
organization, a community-based organization'';
and
(ii) by striking ``as defined in section
1861(aa) of the Social Security Act))'' and
inserting ``(as defined in section 1861(aa)(4)
of the Social Security Act)''; and
(D) by adding at the end the following:
``(2) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given the
terms `Indian tribe' and `tribal organization', respectively,
in section 4 of the Indian Self-Determination and Education
Assistance Act.
``(3) Urban indian organization.--The term `urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.''.
(b) GAO Study and Report.--Not later than 1 year after the date of
submission of the report under subsection (h) of section 399V of the
Public Health Service Act (42 U.S.C. 280g-11), as amended by subsection
(a), the Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the program authorized under such section 399V, including a
review of the efforts of the Secretary of Health and Human Services to
coordinate such program with applicable programs of the Health
Resources and Services Administration to ensure there is no unnecessary
duplication of efforts among such programs, and identification of any
areas of duplication.
SEC. 2223. IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE CAPACITY.
(a) Certain Appointments to Support Public Health Emergency
Responses.--Section 319 of the Public Health Service Act (42 U.S.C.
247d) is amended by adding at the end the following:
``(g) Certain Appointments to Support Public Health Emergency
Responses.--
``(1) In general.--In order to support the initial response
to a public health emergency declared by the Secretary under
this section, the Secretary may, subject to paragraph (2) and
without regard to sections 3309 through 3318 of title 5, United
States Code, appoint individuals directly to positions in the
Department of Health and Human Services for which the Secretary
has provided public notice in order to--
``(A) address a critical hiring need directly
related to responding to a public health emergency
declared by the Secretary under this section; or
``(B) address a severe shortage of candidates that
impacts the operational capacity of the Department of
Health and Human Services to respond in the event of a
public health emergency declared by the Secretary under
this section.
``(2) Number of appointments.--Each fiscal year in which
the Secretary makes a determination of a public health
emergency under subsection (a) (not including a renewal), the
Secretary may directly appoint not more than--
``(A) 400 individuals under paragraph (1)(A); and
``(B) 100 individuals under paragraph (1)(B).
``(3) Compensation.--The annual rate of basic pay of an
individual appointed under this subsection shall be determined
in accordance with chapter 51 and subchapter III of chapter 53
of title 5, United States Code.
``(4) Reporting.--The Secretary shall establish and
maintain records regarding the use of the authority under this
subsection, including--
``(A) the number of positions filled through such
authority;
``(B) the types of appointments of such positions;
``(C) the titles, occupational series, and grades
of such positions;
``(D) the number of positions publicly noticed to
be filled under such authority;
``(E) the number of qualified applicants who apply
for such positions;
``(F) the qualification criteria for such
positions; and
``(G) the demographic information of individuals
appointed to such positions.
``(5) Notification to congress.--In the event the
Secretary, within a single fiscal year, directly appoints more
than 50 percent of the individuals allowable under either
subparagraph (A) or (B) of paragraph (2), the Secretary shall,
not later than 15 days after the date of such action, notify
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives. Such notification shall, in a manner that
protects personal privacy, to the extent required by applicable
Federal and State privacy law, at a minimum, include--
``(A) information on each such appointment within
such fiscal year;
``(B) a description of how each such position
relates to the requirements of subparagraph (A) or (B)
of paragraph (1); and
``(C) the additional number of personnel, if any,
the Secretary anticipates to be necessary to adequately
support a response to a public health emergency
declared under this section using the authorities
described in paragraph (1) within such fiscal year.
``(6) Reports to congress.--Not later than September 30,
2023, and annually thereafter for each fiscal year in which the
authority under this subsection is used, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report describing the total
number of appointments filled under this subsection within the
fiscal year and a description of how the positions relate to
the requirements of subparagraph (A) or (B) of paragraph (1).
``(7) Sunset.--The authority under this subsection shall
expire on September 30, 2028.''.
(b) GAO Report.--Not later than 1 year after the issuance of the
initial report under subsection (g)(6) of section 319 of the Public
Health Service Act (42 U.S.C. 247d), as added by subsection (a), and
again 180 days after the date on which the authority provided under
section 319(g) of such Act expires pursuant to paragraph (7) of such
section, the Comptroller General of the United States shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the use of the authority provided under
such section. Such report shall, in a manner that protects personal
privacy, at a minimum, include information on--
(1) the number of positions publicly noticed and filled
under the authority of each of subparagraphs (A) and (B) of
such section 319(g)(1);
(2) the occupational series, grades, and types of
appointments of such positions;
(3) how such positions related to addressing a need or
shortage described in subparagraph (A) or (B) of such section;
(4) how the Secretary of Health and Human Services made
appointment decisions under each of subparagraphs (A) and (B)
of such section;
(5) sources used to identify candidates for filling such
positions;
(6) the number of individuals appointed under each such
subparagraph;
(7) aggregated demographic information related to
individuals appointed under each such subparagraph; and
(8) any challenges, limitations, or gaps related to the use
of the authority under each such subparagraph and any related
recommendations to address such challenges, limitations, or
gaps.
SEC. 2224. INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH
PROFESSIONS.
Section 755(b) of the Public Health Service Act (42 U.S.C. 294e(b))
is amended by adding at the end the following:
``(4) Increasing educational opportunities in physical
therapy, occupational therapy, respiratory therapy, audiology,
and speech-language pathology professions, which may include
offering scholarships or stipends and carrying out other
activities to improve retention, for individuals from
disadvantaged backgrounds or individuals who are
underrepresented in such professions.''.
SEC. 2225. PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.
(a) In General.--Section 219 of the Public Health Service Act (42
U.S.C. 210-1) is amended--
(1) in subsection (a)--
(A) by striking ``Reserve Corps'' and inserting
``Ready Reserve Corps''; and
(B) by striking ``: Provided, That such regulations
shall not authorize annual leave to be accumulated in
excess of sixty days'';
(2) by inserting after subsection (a) the following:
``(b) The regulations described in subsection (a) may authorize
accumulated annual leave of not more than 120 days for any commissioned
officer of the Regular Corps or officer of the Ready Reserve Corps on
active duty.''; and
(3) by redesignating subsection (d) as subsection (c).
(b) Application.--The amendments made by subsection (a) shall apply
with respect to accumulated annual leave (as defined in section 219 of
the Public Health Service Act (42 U.S.C. 210-1)) that a commissioned
officer of the Regular Corps or officer of the Ready Reserve Corps on
active duty would, but for the regulations described in such section,
lose at the end of fiscal year 2022 or a subsequent fiscal year.
SEC. 2226. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL
PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et
seq.), as amended by section 2214, is further amended by adding at the
end the following:
``SEC. 2826. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL
PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
``(a) In General.--The Secretary may, not later than 1 year after
the date of enactment of the PREVENT Pandemics Act, establish a
voluntary program to provide additional training to individuals in
eligible positions, as described in subsection (c), to support the
continuous professional development of such individuals.
``(b) Criteria.--
``(1) Duration.--The program under subsection (a) shall
provide for fellowships, details, or other relevant placements
with Federal agencies or departments, or State or local health
departments, pursuant to the guidance issued under paragraph
(2), for a maximum period of 2 years.
``(2) Guidance.--The Secretary shall issue guidance
establishing criteria for identifying placements that
demonstrate ongoing sufficient mastery of knowledge, skills,
and abilities to satisfy the field experience criteria under
the program established under subsection (a), including
assignments and experiences that develop public health and
medical preparedness and response expertise.
``(c) Eligible Position.--For purposes of subsection (a), the term
`eligible position' means any position at the Department of Health and
Human Services at or above grade GS-13 of the General Schedule, or the
equivalent, for which not less than 50 percent of the time of such
position is spent on activities related to public health preparedness
or response.
``(d) Pilot Period and Final Report.--The pilot program authorized
under this section shall not exceed 5 years. Not later than 90 days
after the end of the program, the Secretary shall issue a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
that includes--
``(1) the number of individuals who participated in such
pilot, as applicable;
``(2) a description of the professional growth experience
in which individuals participated; and
``(3) an assessment of the outcomes of such program,
including a recommendation on whether such program should be
continued.''.
SEC. 2227. CONTINUING EDUCATIONAL SUPPORT FOR HEALTH PROFESSIONALS
SERVING IN RURAL AND UNDERSERVED COMMUNITIES.
Section 752 of the Public Health Service Act (42 U.S.C. 294b) is
amended--
(1) in the section heading, by inserting ``rural and''
after ``serving in'';
(2) in subsection (a)--
(A) by striking ``shall make grants to, and enter
into contracts with, eligible entities'' and inserting
``, as appropriate, shall make grants to, and enter
into contracts with, eligible entities to support
access to accredited continuing medical education for
primary care physicians and health care providers at
community health centers or rural health clinics to
improve and increase access to care for patients in
rural and medically underserved areas. Such grants or
contracts may be used'';
(B) by striking ``faculty members'' and inserting
``health care providers''; and
(C) by inserting ``increase primary care physician
and health care provider knowledge,'' after ``practice
environment,'';
(3) in subsection (b), by inserting ``, such as a community
health center or rural health clinic'' before the period;
(4) in subsection (c), by striking ``by require.'' and
inserting the following: ``may require, including--
``(1) a description of how participation in activities
funded under this section will help improve access to, and
quality of, health care services and training needs of primary
care physicians and health care providers; and
``(2) a plan for providing peer-to-peer training, as
appropriate.'';
(5) by amending subsection (d) to read as follows:
``(d) Use of Funds.--
``(1) In general.--An eligible entity shall use amounts
awarded under a grant or contract under this section to provide
innovative supportive activities to enhance education for
primary care physicians and health care providers described in
subsection (a) through distance learning, continuing
educational activities, collaborative conferences, and
electronic and telelearning activities, with priority for
primary care providers who are seeking additional education in
specialty fields such as infectious disease, endocrinology,
pediatrics, mental health and substance use disorders, pain
management, geriatrics, and other areas, as appropriate, in
order to--
``(A) improve retention of primary care physicians
and health care providers and increase access to
specialty health care services for patients; and
``(B) support access to the integration of
specialty care through existing service delivery
locations and care across settings.
``(2) Clarification.--Entities may use amounts awarded
under a grant or contract under this section for continuing
educational activities that include a clinical training
component, including in-person patient care, in the respective
community health center or rural health clinic, with the
primary care physician or health care provider at such site and
the clinical specialist from whom such additional training is
being provided.'';
(6) by redesignating subsection (e) as subsection (g);
(7) by inserting after subsection (d) the following:
``(e) Administrative Expenses.--An entity that revives a grant or
contract under this section shall use not more than 5 percent of the
amounts received under the grant or contract under this section for
administrative expenses.
``(f) Non-duplication of Effort.--The Secretary shall ensure that
activities under this section do not unnecessarily duplicate efforts of
other programs overseen by the Health Resources and Services
Administration, including activities described in section 330N.''; and
(8) in subsection (g), as so redesignated, by striking
``the fiscal years 2010 through 2014, and such sums as may be
necessary for each subsequent fiscal year'' and inserting
``fiscal years 2023 through 2025''.
CHAPTER 4--ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE
SEC. 2231. CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE.
(a) In General.--Section 319F of the Public Health Service Act (42
U.S.C. 247d-6) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Centers for Public Health Preparedness and Response.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants, contracts, or cooperative agreements to
institutions of higher education, including accredited schools
of public health, or other nonprofit private entities to
establish or maintain a network of Centers for Public Health
Preparedness and Response (referred to in this subsection as
`Centers').
``(2) Eligibility.--To be eligible to receive an award
under this subsection, an entity shall submit to the Secretary
an application containing such information as the Secretary may
require, including a description of how the entity will--
``(A) coordinate relevant activities with
applicable State, local, and Tribal health departments
and officials, health care facilities, and health care
coalitions to improve public health preparedness and
response, as informed by the public health preparedness
and response needs of the community, or communities,
involved;
``(B) prioritize efforts to implement evidence-
informed or evidence-based practices to improve public
health preparedness and response, including by helping
to reduce the transmission of emerging infectious
diseases; and
``(C) use funds awarded under this subsection,
including by carrying out any activities described in
paragraph (3).
``(3) Use of funds.--The Centers established or maintained
under this subsection shall use funds awarded under this
subsection to carry out activities to advance public health
preparedness and response capabilities, which may include--
``(A) identifying, translating, and disseminating
promising research findings or strategies into
evidence-informed or evidence-based practices to inform
preparedness for, and responses to, chemical,
biological, radiological, or nuclear threats, including
emerging infectious diseases, and other public health
emergencies, which may include conducting research
related to public health preparedness and response
systems;
``(B) improving awareness of such evidence-informed
or evidence-based practices and other relevant
scientific or public health information among health
care professionals, public health professionals, other
stakeholders, and the public, including through the
development, evaluation, and dissemination of trainings
and training materials, consistent with section
2802(b)(2), as applicable and appropriate, and with
consideration given to existing training materials, to
support preparedness for, and responses to, such
threats;
``(C) utilizing and expanding relevant
technological and analytical capabilities to inform
public health and medical preparedness and response
efforts;
``(D) expanding activities, including through
public-private partnerships, related to public health
preparedness and response, including participation in
drills and exercises and training public health
experts, as appropriate; and
``(E) providing technical assistance and expertise
that relies on evidence-based practices, as applicable,
related to responses to public health emergencies, as
appropriate, to State, local, and Tribal health
departments and other entities pursuant to paragraph
(2)(A).
``(4) Distribution of awards.--In awarding grants,
contracts, or cooperative agreements under this subsection, the
Secretary shall support not fewer than 10 Centers, subject to
the availability of appropriations, and ensure that such awards
are equitably distributed among the geographical regions of the
United States.''; and
(2) in subsection (f)(1)(C), by striking ``, of which
$5,000,000 shall be used to carry out paragraphs (3) through
(5) of such subsection''.
(b) Repeal.--Section 319G of the Public Health Service Act (42
U.S.C. 247d-7) is repealed.
SEC. 2232. VACCINE DISTRIBUTION PLANS.
Section 319A of the Public Health Service Act (42 U.S.C. 247d-1) is
amended--
(1) in subsection (a)--
(A) by inserting ``, or other federally purchased
vaccine to address another pandemic'' before the period
at the end of the first sentence; and
(B) by inserting ``or other pandemic'' before the
period at the end of the second sentence; and
(2) in subsection (d), by inserting ``or other pandemics''
after ``influenza pandemics''.
SEC. 2233. COORDINATION AND COLLABORATION REGARDING BLOOD SUPPLY.
The Secretary of Health and Human Services, or the Secretary's
designee, shall--
(1) ensure coordination and collaboration between relevant
Federal departments and agencies related to the safety and
availability of the blood supply, including--
(A) the Department of Health and Human Services,
including the Office of the Assistant Secretary for
Health, the Centers for Disease Control and Prevention,
the Food and Drug Administration, the Office of the
Assistant Secretary for Preparedness and Response, the
National Institutes of Health, the Centers for Medicare
& Medicaid Services, and the Health Resources and
Services Administration;
(B) the Department of Defense; and
(C) the Department of Veterans Affairs; and
(2) consult and communicate with private stakeholders,
including blood collection establishments, health care
providers, accreditation organizations, researchers, and
patients, regarding issues related to the safety and
availability of the blood supply.
SEC. 2234. SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL
COLLABORATION TO ADDRESS ANTIMICROBIAL RESISTANCE.
Section 319E of the Public Health Service Act (42 U.S.C. 247d-5) is
amended--
(1) by redesignating subsections (k), (l), and (m) as
subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (j), the following:
``(k) Network of Antibiotic Resistance Regional Laboratories.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, as appropriate, maintain a network of antibiotic
resistance laboratory sites to ensure the maintenance of
appropriate capabilities, within existing laboratory capacity
maintained or supported by the Centers for Disease Control and
Prevention, to--
``(A) identify and monitor the emergence and
changes in the patterns of antimicrobial-resistant
pathogens;
``(B) detect, identify, confirm, and isolate such
resistant pathogens, including, as appropriate,
performing such activities upon the request of another
laboratory and providing related technical assistance,
and, as applicable, support efforts to respond to local
or regional outbreaks of such resistant pathogens; and
``(C) perform activities to support the diagnosis
of such resistant pathogens and determine the
susceptibility of relevant pathogen samples to
applicable treatments.
``(2) Geographic distribution.--The Secretary shall ensure
that such capacity and capabilities are appropriately
distributed among the geographical regions of the United
States.
``(3) Partnerships and nonduplication of current domestic
capacity.--Activities supported under this subsection may be
based in an academic center, a State health department, or
other facility operated by a public or private entity that
carries out relevant laboratory or public health surveillance
activities.
``(l) International Collaboration.--
``(1) In general.--The Secretary, in coordination with
heads of other relevant Federal departments and agencies, shall
support activities related to addressing antimicrobial
resistance internationally, including by--
``(A) supporting basic, translational,
epidemiological, and clinical research related to
antimicrobial-resistant pathogens, including such
pathogens that have not yet been detected in the United
States, and improving related public health
surveillance systems, and laboratory and other response
capacity; and
``(B) providing technical assistance related to
antimicrobial resistant infection and control
activities.
``(2) Awards.--In carrying out paragraph (1), the Secretary
may award grants, contracts, or cooperative agreements to
public and private entities, including nongovernmental
organizations, with applicable expertise, for purposes of
supporting new and innovative approaches to the prevention,
detection, and mitigation of antimicrobial-resistant
pathogens.''.
SEC. 2235. ONE HEALTH FRAMEWORK.
(a) One Health Framework.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), acting
through the Director of the Centers for Disease Control and Prevention,
shall develop, or update as appropriate, in coordination with other
Federal departments and agencies, as appropriate, a One Health
framework to address zoonotic diseases and advance public health
preparedness.
(b) One Health Coordination.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
coordinate with the Secretary of Agriculture and the Secretary of the
Interior to develop a One Health coordination mechanism at the Federal
level to strengthen One Health collaboration related to prevention,
detection, control, and response for zoonotic diseases and related One
Health work across the Federal Government.
(c) Reporting.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report providing
an update on the activities under subsections (a) and (b).
SEC. 2236. SUPPORTING CHILDREN DURING PUBLIC HEALTH EMERGENCIES.
Section 2811A of the Public Health Service Act (42 U.S.C. 300hh-
10b) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``and behavioral'' and
inserting ``, behavioral, developmental''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) provide advice and consultation with respect to
continuity of care and education for all children and
supporting parents and caregivers during all-hazards
emergencies.'';
(2) in subsection (d)(2)--
(A) in subparagraph (C), by striking ``care; and''
and inserting ``care;'';
(B) by redesignating subparagraph (D) as
subparagraph (E);
(C) by inserting after subparagraph (C) the
following:
``(D) at least 4 non-Federal members representing
child care settings, State or local educational
agencies, individuals with expertise in children with
disabilities, and parents; and''; and
(D) in subparagraph (E), as so redesignated--
(i) by striking clause (ii); and
(ii) by redesignating clauses (iii) and
(iv) as clauses (ii) and (iii), respectively.
Subtitle C--Accelerating Research and Countermeasure Discovery
CHAPTER 1--FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING
COORDINATION
SEC. 2301. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
Subpart 6 of part C of title IV of the Public Health Service Act is
amended by inserting after section 447C (42 U.S.C. 285f-4) the
following:
``SEC. 447D. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
``(a) In General.--The Director of the Institute, in collaboration,
as appropriate, with the directors of applicable institutes, centers,
and divisions of the National Institutes of Health, the Assistant
Secretary for Preparedness and Response, and the Director of the
Biomedical Advanced Research and Development Authority, shall establish
or continue a multidisciplinary research program to advance the
discovery and preclinical development of medical products for priority
virus families and other viral pathogens with a significant potential
to cause a pandemic, through support for research centers.
``(b) Uses of Funds.--The Director of the Institute shall award
funding through grants, contracts, or cooperative agreements to public
or private entities to provide support for research centers described
in subsection (a) for the purpose of--
``(1) conducting basic research through preclinical
development of new medical products or technologies, including
platform technologies, to address pathogens of pandemic
concern;
``(2) identifying potential targets for therapeutic
candidates, including antivirals, to treat such pathogens;
``(3) identifying existing medical products with the
potential to address such pathogens, including candidates that
could be used in outpatient settings; and
``(4) carrying out or supporting other research related to
medical products to address such pathogens, as determined
appropriate by the Director.
``(c) Coordination.--The Director of the Institute shall, as
appropriate, provide for the coordination of activities among the
centers described in subsection (a), including through--
``(1) facilitating the exchange of information and regular
communication among the centers, as appropriate; and
``(2) requiring the periodic preparation and submission to
the Director of reports on the activities of each center.
``(d) Priority.--In awarding funding through grants, contracts, or
cooperative agreements under subsection (a), the Director of the
Institute shall, as appropriate, give priority to applicants with
existing frameworks and partnerships, as applicable, to support the
advancement of such research.
``(e) Collaboration.--The Director of the Institute shall--
``(1) collaborate with the heads of other appropriate
Federal departments, agencies, and offices with respect to the
identification of additional priority virus families and other
viral pathogens with a significant potential to cause a
pandemic; and
``(2) collaborate with the Director of the Biomedical
Advanced Research and Development Authority with respect to the
research conducted by centers described in subsection (a),
including, as appropriate, providing any updates on the
research advancements made by such centers, identifying any
advanced research and development needs for such
countermeasures, consistent with section 319L(a)(6), and taking
into consideration existing manufacturing capacity and future
capacity needs for such medical products or technologies,
including platform technologies, supported by the centers
described in subsection (a).
``(f) Supplement, Not Supplant.--Any support received by a center
described in subsection (a) under this section shall be used to
supplement, and not supplant, other public or private support for
activities authorized to be supported.''.
SEC. 2302. IMPROVING MEDICAL COUNTERMEASURE RESEARCH COORDINATION.
Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b))
is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (25) the following:
``(26) shall consult with the Assistant Secretary for
Preparedness and Response, the Director of the Biomedical
Advanced Research and Development Authority, the Director of
the Centers for Disease Control and Prevention, and the heads
of other Federal agencies and offices, as appropriate,
regarding research needs to advance medical countermeasures to
diagnose, mitigate, prevent, or treat harm from any biological
agent or toxin, including emerging infectious diseases,
chemical, radiological, or nuclear agent that may cause a
public health emergency or other research needs related to
emerging public health threats;''.
SEC. 2303. ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
(a) Improving Research and Development of Medical Countermeasures
for Novel Pathogens.--
(1) Sample access.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary'')
shall make publicly available policies and procedures related
to public and private entities accessing specimens of, or
specimens containing, pathogens or suitable surrogates for, or
alternatives to, such pathogens as the Secretary determines
appropriate to support public health preparedness and response
activities or biomedical research for purposes of the
development and validation, as applicable, of medical products
to address emerging infectious diseases and for use to
otherwise respond to emerging infectious diseases. Such
policies and procedures shall take into account, as
appropriate, any applicable existing Federal resources.
(2) Guidance.--The Secretary shall issue guidance regarding
the procedures for carrying out paragraph (1), including--
(A) the method for requesting such samples;
(B) considerations for sample availability and use
of suitable surrogates or alternatives to such
pathogens, as appropriate, including applicable
safeguard and security measures; and
(C) information required to be provided in order to
receive such samples or suitable surrogates or
alternatives.
(b) Earlier Development of Diagnostic Tests.--Title III of the
Public Health Service Act is amended by inserting after section 319A
(42 U.S.C. 247d-1) the following:
``SEC. 319B. EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
``The Secretary may contract with public and private entities, as
appropriate, to increase capacity in the rapid development, validation,
manufacture, and dissemination of diagnostic tests, as appropriate, to
State, local, and Tribal health departments and other appropriate
entities for immediate public health response activities to address an
emerging infectious disease with respect to which a public health
emergency is declared under section 319, or that has significant
potential to cause such a public health emergency.''.
SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY ON NATURAL IMMUNITY IN RELATION TO THE COVID-19
PANDEMIC.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study related to the current
scientific evidence on the durability of immunity to COVID-19.
(b) Inclusions.--The study pursuant to the contract under
subsection (a) shall include--
(1) an assessment of scientific evidence related to the
durability of immunity resulting from SARS-CoV-2 infection,
COVID-19 vaccination, or both, including any differences
between population groups;
(2) an assessment of the extent to which the Federal
Government makes publicly available the scientific evidence
used by relevant Federal departments and agencies to inform
public health recommendations related to immunity resulting
from SARS-CoV-2 infection and COVID-19 vaccination; and
(3) a summary of scientific studies and evidence related to
SARS-CoV-2 infection-acquired immunity from a sample of other
countries or multilateral organizations.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the National Academies shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
study pursuant to subsection (a).
CHAPTER 2--IMPROVING BIOSAFETY AND BIOSECURITY
SEC. 2311. IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS
AND TOXINS.
Section 351A of the Public Health Service Act (42 U.S.C. 262a) is
amended--
(1) in subsection (b)(1), by amending subparagraph (A) to
read as follows:
``(A) proper training, including with respect to
notification requirements under this section, of--
``(i) individuals who are involved in the
handling and use of such agents and toxins,
including appropriate skills to handle such
agents and toxins;
``(ii) individuals whose responsibilities
routinely place them in close proximity to
laboratory facilities in which such agents and
toxins are being transferred, possessed, or
used; and
``(iii) individuals who perform
administrative or oversight functions of the
facility related to the transfer, possession,
or use of such agents and toxins on behalf of
registered persons;'';
(2) in subsection (e)(1), by striking ``(including the risk
of use in domestic or international terrorism)'' and inserting
``(including risks posed by the release, theft, or loss of such
agent or toxin, or use in domestic or international
terrorism)'';
(3) in subsection (k)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Notification with respect to federal facilities.--In
the event of the release, loss, or theft of an agent or toxin
listed by the Secretary pursuant to subsection (a)(1), or by
the Secretary of Agriculture pursuant to section 212(a)(1) of
the Agricultural Bioterrorism Protection Act of 2002, from or
within a laboratory facility owned or operated by the
Department of Health and Human Services, or other Federal
laboratory facility subject to the requirements of this
section, the Secretary, in a manner that does not compromise
national security, shall--
``(A) not later than 72 hours after such event is
reported to the Secretary, notify the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives of such event, including--
``(i) the Federal laboratory facility in
which such release, loss, or theft occurred;
and
``(ii) the circumstances of such release,
loss, or theft; and
``(B) not later than 14 days after such
notification, update such Committees on--
``(i) any actions taken or planned by the
Secretary to mitigate any potential threat such
release, loss, or theft may pose to public
health and safety; and
``(ii) any actions taken or planned by the
Secretary to review the circumstances of such
release, loss, or theft, and prevent similar
events.''; and
(C) by amending paragraph (2), as so redesignated,
to read as follows:
``(2) Annual report.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives on an annual basis a report--
``(A) summarizing the number and nature of
notifications received under subsection (e)(8)
(relating to theft or loss) and subsection (j)
(relating to releases), during the preceding fiscal
year;
``(B) describing actions taken by the Secretary to
address such incidents, such as any corrective action
plans required and steps taken to promote adherence to,
and compliance with, safety and security best
practices, standards, and regulations; and
``(C) describing any gaps, challenges, or
limitations with respect to ensuring that such safety
and security practices are consistently applied and
adhered to, and actions taken to address such gaps,
challenges, or limitations.''; and
(4) in subsection (m), by striking ``fiscal years 2002
through 2007'' and inserting ``fiscal years 2023 through
2027''.
SEC. 2312. STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORATORIES.
(a) Strategy for Federal High-containment Laboratories.--Not later
than 1 year after the date of enactment of this Act, the Director of
the Office of Science and Technology Policy, in consultation with
relevant Federal departments and agencies, shall establish a strategy
for the management, maintenance, and oversight of federally-owned
laboratory facilities operating at Biosafety Level 3 or 4, including
equivalent classification levels and facilities with Biosafety Level 4
capabilities. Such strategy shall include--
(1) a description of the roles and responsibilities of
relevant Federal departments and agencies with respect to the
management, maintenance, and oversight of Biosafety Level 3 or
4 laboratory facilities;
(2) an assessment of the needs of the Federal Government
with respect to Biosafety Level 3 or 4 laboratory facilities;
(3) a summary of existing federally-owned Biosafety Level 3
or 4 laboratory facility capacity;
(4) a summary of other Biosafety Level 3 or 4 laboratory
facility capacity established through Federal funds;
(5) a description of how the capacity described in
paragraphs (3) and (4) addresses the needs of the Federal
Government, including--
(A) how relevant Federal departments and agencies
coordinate to provide access to appropriate laboratory
facilities to reduce unnecessary duplication; and
(B) any gaps in such capacity related to such
needs;
(6) a summary of plans that are in place for the
maintenance of such capacity within each relevant Federal
department or agency, as applicable and appropriate, including
processes for determining whether to maintain or expand such
capacity, and a description of how the Federal Government will
address rapid changes in the need for such capacity within each
relevant Federal department or agency during a public health
emergency; and
(7) a description of how the heads of relevant Federal
departments and agencies will coordinate to ensure appropriate
oversight of federally-owned laboratory facility capacity and
leverage such capacity within each relevant Federal department,
as appropriate, to fulfill the needs of each Federal department
and agency in order to reduce unnecessary duplication and
improve collaboration within the Federal Government.
(b) Clarification.--The strategy under subsection (a) shall not be
construed to supersede the authorities of each relevant Federal
department or agency with respect to the management, maintenance, and
oversight of the Federally-owned laboratory facilities operated by any
such Federal department or agency.
SEC. 2313. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
(a) In General.--Part A of title IV of the Public Health Service
Act (42 U.S.C. 281 et seq.) is amended by adding at the end the
following:
``SEC. 404O. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
``(a) Establishment.--The Secretary, acting through the Director of
NIH, shall establish an advisory committee, to be known as the
`National Science Advisory Board for Biosecurity' (referred to in this
section as the `Board').
``(b) Duties.--
``(1) In general.--The National Science Advisory Board for
Biosecurity referred to in section 205 of the Pandemic and All-
Hazards Preparedness Act (Public Law 109-417) (referred to in
this section as the `Board') shall provide technical advice,
guidance, or recommendations, to relevant Federal departments
and agencies related to biosafety and biosecurity oversight of
biomedical research, including--
``(A) oversight of federally-conducted or
federally-supported dual use biomedical research, such
as the review of policies or frameworks used to assess
and appropriately manage safety and security risks
associated with such research, taking into
consideration national security concerns, the potential
benefits of such research, considerations related to
the research community, transparency, and public
availability of information, and international research
collaboration; and
``(B) continuing to carry out the activities
required under section 205 of the Pandemic and All-
Hazards Preparedness Act (Public Law 109-417).
``(c) Considerations.--In carrying out the duties under subsection
(b), the Board may consider strategies to improve the safety and
security of biomedical research, including through--
``(1) leveraging or using new technologies and scientific
advancements to reduce safety and security risks associated
with such research and improve containment of pathogens; and
``(2) outreach to, and education and training of,
researchers, laboratory personnel, and other appropriate
individuals with respect to safety and security risks
associated with such research and mitigation of such risks.
``(d) Membership.--The Board shall be composed of the following:
``(1) Non-voting, ex officio members, including the
following:
``(A) At least one representative of each of the
following:
``(i) The Department of Health and Human
Services.
``(ii) The Department of Defense.
``(iii) The Department of Agriculture.
``(iv) The Department of Homeland Security.
``(v) The Department of Energy.
``(vi) The Department of State.
``(vii) The Office of Science and
Technology Policy.
``(viii) The Office of the Director of
National Intelligence.
``(B) Representatives of such other Federal
departments or agencies as the Secretary determines
appropriate to carry out the requirements of this
section.
``(2) Individuals, appointed by the Secretary, with
expertise in biology, infectious diseases, public health,
ethics, national security, and other fields, as the Secretary
determines appropriate, who shall serve as voting members.''.
(b) Orderly Transition.--The Secretary of Health and Human Services
shall take such steps as are necessary to provide for the orderly
transition to the authority of the National Science Advisory Board for
Biosecurity established under section 404O of the Public Health Service
Act, as added by subsection (a), from any authority of the Board
described in section 205 of the Pandemic and All-Hazards Preparedness
Act (Public Law 109-417), as in effect on the day before the date of
enactment of this Act.
(c) Application.--The requirements under section 404O of the Public
Health Service Act, as added by subsection (a), related to the mission,
activities, or functions of the National Science Advisory Board for
Biosecurity shall not apply until the completion of any work undertaken
by such Board before the date of enactment of this Act.
SEC. 2314. RESEARCH TO IMPROVE BIOSAFETY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, as
appropriate, conduct or support research to improve the safe conduct of
biomedical research activities involving pathogens of pandemic
potential or biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary shall prepare and submit a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
regarding an overview of any research conducted or supported under this
section, any relevant findings, and steps the Secretary is taking to
disseminate any such findings to support the reduction of risks
associated with biomedical research involving pathogens of pandemic
potential or biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
SEC. 2315. FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHOGENS OF
PANDEMIC POTENTIAL.
(a) Review and Oversight of Enhanced Pathogens of Pandemic
Potential.--
(1) In general.--The Director of the Office of Science and
Technology Policy (referred to in this section as the
``Director''), in consultation with the heads of relevant
Federal departments and agencies, shall--
(A) not later than 1 year after the date of
enactment of this Act--
(i) continue or conduct a review of
existing Federal policies related to research
proposed for Federal funding that may be
reasonably anticipated to involve the creation,
transfer, or use of enhanced pathogens of
pandemic potential; and
(ii) establish or update a Federal policy
for the consistent review and oversight of such
proposed research that appropriately considers
the risks associated with, and potential
benefits of, such research; and
(B) not less than every 4 years thereafter, review
and update such policy, as necessary and appropriate,
to ensure that such policy fully accounts for relevant
research that may be reasonably anticipated to involve
the creation, transfer, or use of enhanced pathogens of
pandemic potential, takes into consideration the
benefits of such research, and supports the mitigation
of related risks.
(2) Requirements.--The policy established pursuant to
paragraph (1) shall include--
(A) a clear scope to support the consistent
identification of research proposals subject to such
policy by relevant Federal departments and agencies;
(B) a framework for such reviews that accounts for
safety, security, and ethical considerations related to
the creation, transfer, or use of enhanced pathogens of
pandemic potential;
(C) measures to enhance the transparency and public
availability of information related to such research
activities in a manner that does not compromise
national security, the safety and security of such
research activities, or any identifiable, sensitive
information of relevant individuals; and
(D) consistent procedures across relevant Federal
department and agencies to ensure that--
(i) proposed research that has been
determined to have scientific and technical
merit and may be subject to such policy is
identified and referred for review;
(ii) subjected research activities
conducted under an award, including activities
undertaken by any subrecipients of such award,
are monitored regularly throughout the project
period to ensure compliance with such policy
and the terms and conditions of such award; and
(iii) in the event that federally-funded
research activities not subject to such policy
produce unanticipated results related to the
creation, transfer, or use of enhanced
pathogens of pandemic potential, such research
activities are identified and appropriately
reviewed under such policy.
(3) Clarification.--Reviews required pursuant to this
section shall be in addition to any applicable requirements for
research project applications required under the Public Health
Service Act, including reviews required under section 492 of
such Act (42 U.S.C. 289a), as applicable, or other applicable
laws.
(b) Implementation.--
(1) In general.--The Director shall direct all heads of
relevant Federal departments and agencies to update, modernize,
or promulgate applicable implementing guidance to implement the
requirements of this section.
(2) Updates.--Consistent with the requirements under
subsection (a)(1)(B), the Director shall require all heads of
relevant Federal departments and agencies to update such
policies consistent with any changes to the policy established
pursuant to subsection (a)(1).
(c) Limitations on Countries of Concern Conducting Certain
Research.--
(1) In general.--Beginning not later than 60 days after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall not fund research conducted by a foreign
entity at a facility located in a country of concern, in the
estimation of the Director of National Intelligence or the head
of another relevant Federal department or agency, as
appropriate, in consultation with the Secretary of Health and
Human Services, involving pathogens of pandemic potential or
biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C.
262a(a)(1)).
(2) Conditions for lifting or suspending prohibition.--The
Secretary of Health and Human Services may lift or suspend the
prohibition of funding under paragraph (1)--
(A) only after the review required under subsection
(a)(1)(A)(i) is complete; and
(B) only if the Secretary notifies Congress not
less than 15 days before such prohibition is lifted or
suspended.
CHAPTER 3--PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH
SEC. 2321. FOREIGN TALENT RECRUITMENT PROGRAMS.
(a) Intramural Research.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this chapter as the ``Secretary'')
shall prohibit personnel of the National Institutes of Health
engaged in intramural research from participation in foreign
talent recruitment programs.
(2) Exemption.--Paragraph (1) shall not apply to
participation in international conferences or other
international exchanges, partnerships, or programs, for which
such participation has been approved by the National Institutes
of Health. In such circumstances, the National Institutes of
Health shall ensure appropriate training is provided to the
participant on how to respond to overtures from individuals
associated with foreign talent recruitment programs.
(b) Extramural Research.--The Secretary shall require disclosure of
participation in foreign talent recruitment programs, including the
provision of copies of all grants, contracts, or other agreements
related to such programs, and other supporting documentation related to
such programs, as a condition of receipt of Federal extramural
biomedical research funding awarded through the Department of Health
and Human Services.
(c) Consistency.--The Secretary shall ensure that the policies
developed, updated, or issued pursuant to subsections (a) and (b) are,
to the greatest extent practicable, consistent with the requirements of
subtitle D of title VI of division B of Public Law 117-167 (42 U.S.C.
19231 et seq.) related to foreign talent recruitment programs.
SEC. 2322. SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND ADDRESSING
OTHER NATIONAL SECURITY RISKS RELATED TO RESEARCH.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Director of National Intelligence, the Secretary
of State, the Secretary of Defense, and other national security
experts, as appropriate, shall ensure that biomedical research
conducted or supported by the National Institutes of Health and other
relevant agencies and offices within the Department of Health and Human
Services is conducted or supported in a manner that appropriately
considers national security risks, including national security
implications related to research involving the sequencing of human
genomic information, and collection, analysis, or storage of
identifiable, sensitive information, as defined in section 301(d)(4) of
the Public Health Service Act (42 U.S.C. 241(d)(4)), and the potential
misuse of such data. Not later than 2 years after the date of enactment
of this Act, the Secretary shall ensure that the National Institutes of
Health and other relevant agencies and offices within the Department of
Health and Human Services, in consultation with the heads of agencies
and national security experts, including the Office of the National
Security within the Department of Health and Human Services--
(1) develop a comprehensive framework and policies for
assessing and managing such national security risks that
includes, or review and update, as appropriate, the current (as
of the date of review) such framework and policies to include--
(A) criteria for how and when to conduct risk
assessments for projects that may have national
security implications;
(B) security controls and training for researchers
or entities, including peer reviewers, that manage or
have access to such data that may present national
security risks; and
(C) methods to incorporate risk mitigation in the
process for funding such projects that may have
national security implications and monitor associated
research activities following issuance of an award,
including changes in the terms and conditions related
to the use of such funds, as appropriate;
(2) not later than 1 year after the framework and policies
are developed or reviewed and updated, as applicable, under
paragraph (1), develop and implement controls to ensure that--
(A) researchers or entities involved in projects
reviewed under the framework and relevant policies,
including such projects that manage or have access to
sensitive, identifiable information, have complied with
the requirements of paragraph (1) and ongoing
requirements with such paragraph;
(B) consideration of funding for projects that may
have national security implications takes into account
the extent to which the country in which the proposed
research will be conducted or supported poses a risk to
the integrity of the United States biomedical research
enterprise; and
(C) data access committees reviewing data access
requests for projects that may have national security
risks, as appropriate, include members with expertise
in current and emerging national security threats, in
order to make appropriate decisions, including related
to access to such identifiable, sensitive information;
and
(3) not later than 2 years after the framework and relevant
policies are developed or reviewed and updated, as applicable,
under paragraph (1), update data access and sharing policies
related to human genomic data, as applicable, based on current
and emerging national security threats.
(b) Congressional Briefing.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall provide a briefing to the
Committee on Health, Education, Labor, and Pensions and the Select
Committee on Intelligence of the Senate and the Committee on Energy and
Commerce and the Permanent Select Committee on Intelligence of the
House of Representatives on the activities required under subsection
(a).
SEC. 2323. DUTIES OF THE DIRECTOR.
Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b)),
as amended by section 2302, is further amended by inserting after
paragraph (26) (as added by section 2302) the following:
``(27) shall consult with the Director of the Office of
National Security within the Department of Health and Human
Services, the Assistant Secretary for Preparedness and
Response, the Director of National Intelligence, the Director
of the Federal Bureau of Investigation, and the heads of other
appropriate agencies on a regular basis, regarding biomedical
research conducted or supported by the National Institutes of
Health that may affect or be affected by matters of national
security;
``(28) shall ensure that recipients of awards from the
National Institutes of Health, and, as appropriate and
practicable, entities collaborating with such recipients, have
in place and are adhering to appropriate technology practices
and policies for the security of identifiable, sensitive
information, including information collected, stored, managed,
or analyzed by domestic and non-domestic entities; and
``(29) shall ensure that recipients of awards from the
National Institutes of Health are in compliance with the terms
and conditions of such award, which may include activities to
support awareness of, and compliance with, such terms and
conditions by any subrecipients of the award.''.
SEC. 2324. PROTECTING AMERICA'S BIOMEDICAL RESEARCH ENTERPRISE.
(a) In General.--The Secretary, in consultation with the Assistant
to the President for National Security Affairs, the Director of
National Intelligence, the Director of the Federal Bureau of
Investigation, and the heads of other relevant departments and
agencies, and in consultation with research institutions and research
advocacy organizations or other relevant experts, as appropriate,
shall--
(1) identify ways to improve the protection of intellectual
property and other proprietary information, as well as
identifiable, sensitive information of participants in
biomedical research and development, from national security
risks and other applicable threats, including the
identification of gaps in policies and procedures in such areas
related to biomedical research and development supported by the
Department of Health and Human Services, and make
recommendations to institutions of higher education or other
entities that have traditionally received Federal funding for
biomedical research to protect such information;
(2) identify or develop strategies to prevent, mitigate,
and address national security risks and threats in biomedical
research and development supported by the Federal Government,
including such threats associated with foreign talent programs,
by countries seeking to exploit United States technology and
other proprietary information as it relates to such biomedical
research and development, and make recommendations for
additional policies and procedures to protect such information;
(3) identify national security risks and potential misuse
of proprietary information, and identifiable, sensitive
information of biomedical research participants and other
applicable risks, including with respect to peer review, and
make recommendations for additional policies and procedures to
protect such information;
(4) develop a framework to identify areas of biomedical
research and development supported by the Federal Government
that are emerging areas of interest for state actors and would
compromise national security if they were to be subjected to
undue foreign influence; and
(5) regularly review recommendations or policies developed
under this section and make additional recommendations or
updates, as appropriate.
(b) Report to President and to Congress.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall prepare
and submit, in a manner that does not compromise national security, to
the President and the Committee on Health, Education, Labor, and
Pensions and the Select Committee on Intelligence of the Senate, the
Committee on Energy and Commerce and the Permanent Select Committee on
Intelligence of the House of Representatives, and other congressional
committees as appropriate, a report on the findings and recommendations
pursuant to subsection (a).
SEC. 2325. GAO STUDY.
(a) In General.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
conduct a study to assess the extent to which the Department of Health
and Human Services (referred to in this section as the ``Department'')
utilizes or provides funding to entities that utilize such funds for
human genomic sequencing services or genetic services (as such term is
defined in section 201(6) of the Genetic Information Nondiscrimination
Act of 2008 (42 U.S.C. 2000ff(6))) provided by entities, or
subsidiaries of such entities, organized under the laws of a country or
countries of concern, in the estimation of the Director of National
Intelligence or the head of another Federal department or agency, as
appropriate.
(b) Considerations.--In carrying out the study under this section,
the Comptroller General shall--
(1) consider--
(A) the extent to which the country or countries of
concern could obtain human genomic information of
citizens and residents of the United States from such
entities that sequence, analyze, collect, or store
human genomic information and which the Director of
National Intelligence or the head of another Federal
department or agency reasonably anticipates may use
such information in a manner inconsistent with the
national security interests of the United States;
(B) whether the Department or recipient of such
funds from the Department sought to provide funding to,
or to use, domestic entities with no such ties to the
country or countries of concern for such purposes and
any barriers to the use of domestic entities; and
(C) whether data use agreements, data security
measures, and other such measures taken by the
Department or recipient of such funds from the
Department are sufficient to protect the identifiable,
sensitive information of the people of the United
States and the national security interests of the
United States; and
(2) make recommendations to address any vulnerabilities to
the United States national security identified, as appropriate.
(c) Estimation.--In conducting the study under this section, the
Comptroller General may, as appropriate and necessary to complete such
study, investigate specific instances of such utilization of genetic
sequencing services or genetic services, as described in subsection
(a), to produce estimates of the potential prevalence of such
utilization among entities in receipt of Departmental funds.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit a report on the study
under this section, in a manner that does not compromise national
security, to the Committee on Health, Education, Labor, and Pensions
and the Select Committee on Intelligence of the Senate, and the
Committee on Energy and Commerce and the Permanent Select Committee on
Intelligence of the House of Representatives. The report shall be
submitted in unclassified form, to the extent practicable, but may
include a classified annex.
SEC. 2326. REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN INFLUENCE.
Not later than 1 year after the date of enactment of this Act and
annually thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce in the House of Representatives,
in a manner that does not compromise national security, a report on
actions taken by the Secretary--
(1) to address cases of noncompliance with disclosure
requirements or research misconduct related to foreign
influence, including--
(A) the number of potential noncompliance cases
investigated by the National Institutes of Health or
reported to the National Institutes of Health by a
research institution, including relating to undisclosed
research support, undisclosed conflicts of interest or
other conflicts of commitment, and peer review
violations;
(B) the number of cases referred to the Office of
Inspector General of the Department of Health and Human
Services, the Office of National Security of the
Department of Health and Human Services, the Federal
Bureau of Investigation, or other law enforcement
agencies;
(C) a description of enforcement actions taken for
noncompliance related to undue foreign influence; and
(D) any other relevant information; and
(2) to prevent, address, and mitigate instances of
noncompliance with disclosure requirements or research
misconduct related to foreign influence.
CHAPTER 4--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH
SEC. 2331. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
(a) In General.--Title IV of the Public Health Service Act is
amended by adding at the end the following:
``PART J--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``(a) Establishment.--
``(1) In general.--There is established within the National
Institutes of Health the Advanced Research Projects Agency-
Health (referred to in this section as `ARPA-H'). Not later
than 180 days after the date of enactment of this section, the
Secretary shall transfer all functions, personnel, missions,
activities, authorities, and funds of the Advanced Research
Projects Agency for Health as in existence on the date of
enactment of this section, to ARPA-H established by the
preceding sentence.
``(2) Organization.--
``(A) In general.--There shall be within ARPA-H--
``(i) an Office of the Director;
``(ii) not more than 8 program offices; and
``(iii) such special project offices as the
Director may establish.
``(B) Requirement.--Not fewer than two-thirds of
the program offices of ARPA-H shall be exclusively
dedicated to supporting research and development
activities, consistent with the goals and functions
described in subsection (b).
``(C) Notification.--The Director shall submit a
notification to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations
of the Senate and the Committee on Energy and Commerce
and the Committee on Appropriations of the House of
Representatives if the Director determines that
additional program offices are required to carry out
this section.
``(3) Exemption from certain policies of nih.--
``(A) In general.--Except as otherwise provided for
in this section, and subject to subparagraph (B), in
establishing ARPA-H pursuant to paragraph (1), the
Secretary may exempt ARPA-H from policies and
requirements of the National Institutes of Health that
are in effect on the day before the date of enactment
of this section as necessary and appropriate to ensure
ARPA-H can most effectively achieve the goals described
in subsection (b)(1).
``(B) Notice.--Not later than 90 days after the
date of enactment of this section, the Secretary shall
publish a notice in the Federal Register describing the
specific policies and requirements of the National
Institutes of Health from which the Secretary intends
to exempt ARPA-H, including a rationale for such
exemptions.
``(b) Goals and Functions.--
``(1) Goals.--The goals of ARPA-H shall be to--
``(A) foster the development of novel,
breakthrough, and broadly applicable capabilities and
technologies to accelerate transformative innovation in
biomedical science and medicine in a manner that cannot
be readily accomplished through traditional Federal
biomedical research and development programs or
commercial activity;
``(B) revolutionize the detection, diagnosis,
mitigation, prevention, treatment, and cure of diseases
and health conditions by overcoming long-term and
significant technological and scientific barriers to
developing transformative health technologies;
``(C) promote high-risk, high-reward innovation to
enable the advancement of transformative health
technologies; and
``(D) contribute to ensuring the United States--
``(i) pursues initiatives that aim to
maintain global leadership in science and
innovation; and
``(ii) improves the health and wellbeing of
its citizens by supporting the advancement of
biomedical science and innovation.
``(2) Functions.--ARPA-H shall achieve the goals specified
in paragraph (1) by addressing specific scientific or technical
questions by involving high-impact transformative,
translational, applied, and advanced research in relevant areas
of science, by supporting--
``(A) discovery, identification, and promotion of
revolutionary advancements in science;
``(B) translation of scientific discoveries into
transformative health technologies with potential
application for biomedical science and medicine;
``(C) creation of platform capabilities that draw
on multiple disciplines;
``(D) delivery of proofs of concept that
demonstrate meaningful advances with potential clinical
application;
``(E) development of new capabilities and methods
to identify potential targets and technological
strategies for early disease detection and
intervention, such as advanced computational tools and
predictive models; and
``(F) acceleration of transformational health
technological advances in areas with limited technical
certainty.
``(c) Director.--
``(1) In general.--The President shall appoint a director
of ARPA-H (in this section referred to as the `Director').
``(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience--
``(A) is especially qualified to advise the
Secretary on, and manage--
``(i) research and development programs;
and
``(ii) large-scale, high-risk initiatives
with respect to health research and technology
development across multiple sectors, including
identifying and supporting potentially
transformative health technologies; and
``(B) has a demonstrated ability to identify and
develop partnerships to address strategic needs in
meeting the goals described in subsection (b)(1).
``(3) Reporting.--The Director shall report to the
Secretary of Health and Human Services.
``(4) Duties.--The duties of the Director shall include the
following:
``(A) Establish strategic goals, objectives, and
priorities for ARPA-H to advance the goals described in
subsection (b)(1).
``(B) Approve the projects and programs of ARPA-H
and restructure, expand, or terminate any project or
program within ARPA-H that is not achieving its goals.
``(C) Develop funding criteria and assess the
success of programs through the establishment of
technical milestones.
``(D) Request that applications for funding
disclose current and previous research and development
efforts related to such applications, as appropriate,
and identify any challenges associated with such
efforts, including any scientific or technical barriers
encountered in the course of such efforts or challenges
in securing sources of funding, as applicable.
``(E) Coordinate with the heads of relevant Federal
departments and agencies to facilitate sharing of data
and information, as applicable and appropriate, and
ensure that research supported by ARPA-H is informed by
and supplements, not supplants, the activities of such
departments and agencies and is free of unnecessary
duplication of effort.
``(F) Ensure ARPA-H does not provide funding for a
project unless the program manager determines that the
project aligns with the goals described in subsection
(b)(1).
``(G) Prioritize investments based on
considerations such as--
``(i) scientific opportunity and potential
impact, especially in areas that fit within the
strategies and operating practices of ARPA-H
and require public-private partnerships to
effectively advance research and development
activities; and
``(ii) the potential applications that an
innovation may have to address areas of
currently unmet need in medicine and health,
including health disparities and the potential
to prevent progression to serious disease.
``(H) Encourage strategic collaboration and
partnerships with a broad range of entities, which may
include institutions of higher education, minority-
serving institutions (defined, for the purposes of this
section, as institutions and programs described in
section 326(e)(1) of the Higher Education Act of 1965
and institutions described in section 371(a) of such
Act), industry, nonprofit organizations, Federally
funded research and development centers, or consortia
of such entities.
``(5) Term.--Notwithstanding section 405(a)(2), the
Director--
``(A) shall be appointed for a 4-year term; and
``(B) may be reappointed for 1 consecutive 4-year
term.
``(6) Autonomy of agency regarding recommendations and
testimony.--No office or agency of the United States shall have
authority to require the Director to submit legislative
recommendations, or testimony or comments on legislation, to
any officer or agency of the United States for approval,
comments, or review prior to the submission of such
recommendations, testimony or comments to Congress, if such
recommendations, testimony, or comments to Congress include a
statement indicating that the views expressed therein are those
of the Director and do not necessarily reflect the views of the
President or another Federal department, agency, or office.
``(7) Deputy director.--The Director shall appoint a Deputy
Director to serve as the principal assistant to the Director.
``(8) Nonapplication of certain provision.--The
restrictions contained in section 202 of the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1993 (Public Law 102-394; 42
U.S.C. 238f note) related to consultants and individual
scientists appointed for limited periods of time shall not
apply to the Director appointed under this subsection.
``(d) Application of Certain Flexibilities.--The flexibilities
provided to the National Institutes of Health under section 301(g)
shall apply to ARPA-H with respect to the functions described in
subsection (b)(2).
``(e) Protection of Information.--
``(1) No authorization for disclosure.--Nothing in this
section shall be construed as authorizing the Director to
disclose any information that is a trade secret or other
privileged or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code.
``(2) Reporting.--If there have been requests under section
522 of title 5, United States Code, or the Secretary has used
such authority to withhold information within the preceding
year, not later than 1 year after the date of enactment of this
section, and annually thereafter, the Director shall report to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives on--
``(A) the number of instances in which the
Secretary has used the authority under this subsection
to withhold information from disclosure; and
``(B) the nature of any request under section 552
of title 5, United States Code, or section 1905 of
title 18, United States Code, that was denied using
such authority.
``(3) Clarification.--The protections for trade secrets or
other privileged or confidential information described in
paragraph (1) shall not be construed to limit the availability
or disclosure of information necessary to inform and facilitate
the evaluation required under subsection (k)(2). Any such
information made available to members of the National Academies
of Sciences, Engineering, and Medicine (referred to in this
section as the `National Academies') for such evaluation shall
be kept confidential by such members and shall not be used for
any purposes other than informing and facilitating the
evaluation required under subsection (k)(2).
``(f) Cooperation With the Food and Drug Administration.--
``(1) In general.--In order to facilitate the enhanced
collaboration and communication with respect to the most
current priorities of ARPA-H, the Food and Drug Administration
may meet with ARPA-H and any other Federal partners at
appropriate intervals to discuss the development status, and
actions that may be taken to facilitate the development, of
medical products and projects that are the highest priorities
to ARPA-H.
``(2) Reimbursement.--Utilizing interagency agreements or
other appropriate resource allocation mechanisms available, the
Director shall reimburse, using funds made available to ARPA-H,
the Food and Drug Administration, as appropriate, for
activities identified by the Commissioner of Food and Drugs and
the Director as being conducted by the Food and Drug
Administration under the authority of this subsection.
``(g) Awards.--
``(1) In general.--In carrying out this section, the
Director may--
``(A) award grants and cooperative agreements,
which shall include requirements to publicly report
indirect facilities and administrative costs, broken
out by fixed capital costs, administrative overhead,
and labor costs;
``(B) award contracts, which may include multi-year
contracts subject to section 3903 of title 41, United
States Code;
``(C) award cash prizes, utilizing the authorities
and processes established under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980; and
``(D) enter into other transactions, as defined by
section 319L(a)(3), subject to paragraph (2).
``(2) Limitations on entering into other transactions.--
``(A) Use of competitive procedures.--To the
maximum extent practicable, competitive procedures
shall be used when entering into other transactions
under this section.
``(B) Written determination required.--The
authority of paragraph (1)(D) may be exercised for a
project if the program manager--
``(i) submits a request to the Director for
each individual use of such authority before
conducting or supporting a program, including
an explanation of why the use of such authority
is essential to promoting the success of the
project;
``(ii) receives approval for the use of
such authority from the Director; and
``(iii) for each year in which the program
manager has used such authority in accordance
with this paragraph, submits a report to the
Director on the activities of the program
related to such project.
``(3) Exemptions from certain requirements.--Research
funded by ARPA-H shall not be subject to the requirements of
section 406(a)(3)(A)(ii) or section 492.
``(h) Facilities Authority.--
``(1) In general.--The Director is authorized, for
administrative purposes, to--
``(A) acquire (by purchase, lease, condemnation or
otherwise), construct, improve, repair, operate, and
maintain such real and personal property as are
necessary to carry out this section; and
``(B) lease an interest in property for not more
than 20 years, notwithstanding section 1341(a)(1) of
title 31, United States Code.
``(2) Locations.--
``(A) In general.--ARPA-H, including its
headquarters, shall not be located on any part of the
existing National Institutes of Health campuses.
``(B) Number of locations.--ARPA-H shall have
offices or facilities in not less than 3 geographic
areas.
``(C) Considerations.--In determining the location
of each office or facility, the Director shall make a
fair and open consideration of--
``(i) the characteristics of the intended
location; and
``(ii) the extent to which such location
will facilitate advancement of the goals and
functions specified in subsection (b).
``(i) Personnel.--
``(1) In general.--The Director may--
``(A) appoint and remove scientific, engineering,
medical, and professional personnel, which may include
temporary or term-limited appointments as determined by
the Director to fulfill the mission of ARPA-H, without
regard to any provision in title 5, United States Code,
governing appointments and removals under the civil
service laws;
``(B) notwithstanding any other provision of law,
including any requirement with respect to General
Schedule pay rates under subchapter III of chapter 53
of title 5, United States Code, fix the base pay
compensation of such personnel at a rate to be
determined by the Director, up to the amount of annual
compensation (excluding expenses) specified in section
102 of title 3, United States Code; and
``(C) contract with private recruiting firms for
assistance in identifying highly qualified candidates
for technical positions needed to carry out this
section.
``(2) Support staff.--The Director may use authorities in
existence on the date of enactment of this section that are
provided to the Secretary to hire administrative, financial,
clerical, and other staff necessary to carry out functions that
support the goals and functions described in subsection (b).
``(3) Number of personnel.--The Director may appoint not
more than 210 personnel under this section. The Director shall
submit a notification to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives if
the Director determines that additional personnel are required
to carry out this section.
``(4) Clarification on previous positions.--
``(A) In general.--Except as provided in
subparagraph (B), the Director shall ensure that the
personnel who are appointed to staff or support ARPA-H
are individuals who, at the time of appointment and for
3 years prior to such appointment, were not employed by
the National Institutes of Health. The Director may
grant an exemption only for individuals who are
uniquely qualified, by way of professional background
and expertise, to advance the goals and functions
specified in subsection (b).
``(B) Nonapplication of provision.--The restriction
provided under subparagraph (A) shall not apply to any
individuals who are employed by ARPA-H on the date of
enactment of this section.
``(5) Additional considerations.--In appointing personnel
under this subsection, the Director--
``(A) may contract with private entities for the
purposes of recruitment services;
``(B) shall make efforts to recruit a diverse
workforce, including individuals underrepresented in
science, engineering, and medicine, including racial
and ethnic minorities, provided such efforts do not
conflict with applicable Federal civil rights law, and
individuals with a variety of professional experiences
or backgrounds; and
``(C) shall recruit program managers with
demonstrated expertise in a wide range of scientific
disciplines and management skills.
``(6) Use of intergovernmental personnel act.--To the
extent needed to carry out the authorities under paragraph (1)
and the goals and functions specified in subsection (b), the
Director may utilize hiring authorities under sections 3371
through 3376 of title 5, United States Code.
``(7) Authority to accept federal detailees.--The Director
may accept officers or employees of the United States or
members of the uniformed service on a detail from an element of
the Federal Government, on a reimbursable or a nonreimbursable
basis, as jointly agreed to by the heads of the receiving and
detailing elements, for a period not to exceed 3 years.
``(j) Program Managers.--
``(1) In general.--The Director shall appoint program
managers for 3-year terms (and may reappoint such program
managers for 1 additional consecutive 3-year term) for the
programs carried out by ARPA-H.
``(2) Duties.--A program manager shall--
``(A) establish, in consultation with the Director,
research and development goals for programs, including
timelines and milestones, and make such goals available
to the public;
``(B) manage applications and proposals, through
the appropriate officials, for making awards as
described in subsection (g) for activities consistent
with the goals and functions described in subsection
(b);
``(C) issue funding opportunity announcements,
using uniform administrative processes, as appropriate;
``(D) select, on the basis of merit, each of the
projects to be supported under a program carried out by
ARPA-H, and taking into consideration--
``(i) the scientific, technical merit, and
novelty of the proposed project;
``(ii) the ability of the applicant to
successfully carry out the proposed project;
``(iii) the potential future commercial
applications of the project proposed by the
applicant, including whether such applications
may have the potential to address areas of
currently unmet need within biomedicine and
improve health outcomes;
``(iv) the degree to which the proposed
project has the potential to transform
biomedicine and addresses a scientific or
technical question pursuant to subsection (b);
``(v) the potential for the project to take
an interdisciplinary approach; and
``(vi) such other criteria as established
by the Director;
``(E) provide project oversight and management of
strategic initiatives to advance the program, including
by conducting project reviews not later than 18 months
after the date of funding awards to identify and
monitor progress of milestones with respect to each
project and prior to disbursement of additional funds;
``(F) provide recommendations to the Director with
respect to advancing the goals and functions specified
in subsection (b);
``(G) encourage research collaborations and
cultivate opportunities for the application or
utilization of successful projects, including through
identifying and supporting applicable public-private
partnerships or partnerships between or among award
recipients;
``(H) provide recommendations to the Director to
establish, expand, restructure, or terminate
partnerships or projects; and
``(I) communicate and collaborate with leaders and
experts within the health care and biomedical research
and development fields, including from both the public
and private sectors and, as necessary, through the
convening of workshops and meetings, to identify
research and development gaps and opportunities and
solicit stakeholder input on programs and goals.
``(k) Reports and Evaluation.--
``(1) Annual report.--
``(A) In general.--Beginning not later than 1 year
after the date of enactment of this section, as part of
the annual budget request submitted for each fiscal
year, the Director shall submit a report on the actions
undertaken, and the results generated, by ARPA-H,
including--
``(i) a description of projects supported
by ARPA-H in the previous fiscal year and
whether such projects are meeting the goals
developed by the Director pursuant to
subsection (c)(4)(A);
``(ii) a description of projects terminated
in the previous fiscal year, and the reason for
such termination;
``(iii) a description of planned programs
starting in the next fiscal year, pending the
availability of funding;
``(iv) activities conducted in coordination
with other Federal departments and agencies;
``(v) a description of any successes with,
or barriers to, coordinating with other Federal
departments and agencies to achieve the goals
and functions under subsection (b);
``(vi) aggregated demographic information,
if available, of direct recipients and
performers in funded projects and of the ARPA-H
workforce (consistent with the reporting
requirements under paragraph (3)); and
``(vii) a summary of award recipient
compliance with section 2321 of the PREVENT
Pandemics Act.
``(B) Submission to congress.--The report under
subparagraph (A) shall be submitted to--
``(i) the Committee on Energy and Commerce
and the Committee on Appropriations of the
House of Representatives; and
``(ii) the Committee on Health, Education,
Labor, and Pensions and the Committee on
Appropriations of the Senate.
``(2) Evaluation.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this section, the Director
shall seek to enter into an agreement with the National
Academies under which the National Academies conducts
an evaluation of whether ARPA-H is meeting the goals
and functions specified in subsection (b).
``(B) Submission of results.--The agreement entered
into under subparagraph (A) shall require the National
Academies to submit the evaluation conducted under such
agreement to the Director, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives, and make the report publicly
available.
``(3) Reporting related to arpa-h personnel.--
``(A) In general.--The Director shall establish and
maintain records regarding the use of the authority
under subsection (i)(1)(A), including--
``(i) the number of positions filled
through such authority;
``(ii) the types of appointments of such
positions;
``(iii) the titles, occupational series,
and grades of such positions;
``(iv) the number of positions publicly
noticed to be filled under such authority;
``(v) the number of qualified applicants
who apply for such positions;
``(vi) the qualification criteria for such
positions; and
``(vii) the demographic information of
individuals appointed to such positions.
``(B) Reports to congress.--Not later than 2 years
after the date of enactment of this section, and
annually thereafter for each fiscal year in which such
authority is used, the Director shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report describing the
total number of appointments filled under subsection
(i) within the fiscal year and how the positions relate
to the goals and functions of ARPA-H.
``(C) GAO report.--Not later than 2 years after the
date of enactment of this section, the Comptroller
General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report on the use of the
authority provided under subsection (i)(1)(A). Such
report shall, in a manner that protects personal
privacy, to the extent required by applicable Federal
and State privacy law, at a minimum, include
information on--
``(i) the number of positions publicly
noticed and filled under the authority under
subsection (i);
``(ii) the occupational series, grades, and
types of appointments of such positions;
``(iii) how such positions related to
advancing the goals and functions of ARPA-H;
``(iv) how the Director made appointment
decisions under subsection (i);
``(v) a summary of sources used to identify
candidates for filling such positions, as
applicable;
``(vi) the number of individuals appointed;
``(vii) aggregated demographic information
related to individuals appointed; and
``(viii) any challenges, limitations, or
gaps related to the use of the authority under
subsection (i) and any related recommendations
to address such challenges, limitations, or
gaps.
``(l) Strategic Plan.--Not later than 1 year after the date of the
enactment of this section, and every 3 years thereafter, the Director
shall provide to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on Appropriations of
the House of Representatives a strategic plan describing how ARPA-H
will carry out investments each fiscal year in the following 3-year
period. The requirements regarding individual institute and center
strategic plans under section 402(m), including paragraph (3) of such
subsection, shall not apply to ARPA-H.
``(m) Independent Review.--Not later than 1 year after the date of
the enactment of this section, and every 4 years thereafter, the
Comptroller General of the United States shall conduct, and submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, an independent review of the biomedical research and
development portfolio of the Department of Health and Human Services,
including ARPA-H, the National Institutes of Health, the Food and Drug
Administration, and the Biomedical Advanced Research and Development
Authority--
``(1) to assess the degree of any potential duplication of
existing Federal programs and projects; and
``(2) to make any recommendations regarding any potential
reorganization, consolidation, or termination of such programs
and projects.
``(n) Prioritization.--
``(1) In general.--The Director shall--
``(A) prioritize awarding grants, cooperative
agreements, contracts, prizes, and other transaction
awards to entities that will conduct funded work in the
United States;
``(B) as appropriate and practicable, encourage
nondomestic recipients of any grants, cooperative
agreements, contracts, prizes, and other transactions
under this section to collaborate with a domestic
entity;
``(C) not make awards under this section to
nondomestic entities organized under the laws of a
covered foreign country (as defined in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059));
and
``(D) in accordance with the requirements of
chapter 33 of title 41, United States Code, and the
Federal Acquisition Regulation, not make awards under
this section to entities that have more than 3 ongoing
concurrent awards under this section.
``(2) Clarification.--In making an award under this
section, the Director may waive the requirements of
subparagraphs (A), (B), and (D) of paragraph (1) if such
requirements cannot reasonably be met, and the proposed project
has the potential to advance the goals described in subsection
(b)(1). The Director shall provide notice to Congress not later
than 30 days after waiving such requirements.
``(o) Additional Consultation.--In carrying out this section, the
Director may consult with--
``(1) the President's Council of Advisors on Science and
Technology;
``(2) representatives of professional or scientific
organizations, including academia and industry, with expertise
in specific technologies under consideration or development by
ARPA-H;
``(3) an existing advisory committee providing advice to
the Secretary or the head of any operating or staff division of
the Department;
``(4) the advisory committee established under subsection
(p); and
``(5) any other entity the Director may deem appropriate.
``(p) Advisory Committee.--
``(1) In general.--There is established an ARPA-H
Interagency Advisory Committee (referred to in this subsection
as the `Advisory Committee') to coordinate efforts and provide
advice and assistance on specific program or project tasks and
the overall direction of ARPA-H.
``(2) Members.--The Advisory Committee established under
paragraph (1) shall consist of the heads of the following
agencies or their designees:
``(A) The National Institutes of Health.
``(B) The Centers for Disease Control and
Prevention.
``(C) The Food and Drug Administration.
``(D) The Office of the Assistant Secretary for
Preparedness and Response.
``(E) The Office of the Assistant Secretary of
Health.
``(F) The Defense Advanced Research Projects
Agency.
``(G) The Office of Science of the Department of
Energy.
``(H) The National Science Foundation.
``(I) Any other agency or office with subject
matter expertise that the Director of ARPA-H determines
appropriate to advance programs or projects under this
section.
``(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
``(4) Advisory nature.--The functions of the Advisory
Committee shall be advisory in nature, and nothing in this
subsection shall be construed as granting such Committee
authority over the activities authorized under this section.
``(5) Performance measures framework.--
``(A) In general.--The Director, in consultation
with the Advisory Committee, shall develop a
performance measures framework for programs or projects
supported by ARPA-H in order to inform and facilitate
the evaluation required under subsection (k)(2),
including identification of any data needed to perform
such evaluation,
``(B) Availability of performance measures.--The
Director shall provide to the National Academies such
performance measures and data necessary to perform the
evaluation required under subsection (k)(2).
``(q) Rule of Construction.--The authorities under this section,
with respect to the Director, are additional authorities that do not
supersede or modify any existing authorities.
``(r) Transformative Health Technology Defined.--In this section,
the term `transformative health technology' means a novel, broadly
applicable capability or technology--
``(1) that has potential to revolutionize the detection,
diagnosis, mitigation, prevention, cure, or treatment of a
disease or health condition that can cause severe health
outcomes and which is an area of currently unmet need; and
``(2) for which--
``(A) significant scientific or technical
challenges exist; or
``(B) incentives in the commercial market are
unlikely to result in the adequate or timely
development of such capability or technology.
``(s) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000,000 for each of the
fiscal years 2024 through 2028, to remain available until expended.
``(t) Additional Budget Clarification.--Any budget request for
ARPA-H shall propose a separate appropriation from the other accounts
of the National Institutes of Health.''.
(b) GAO Report on Certain Research Requirements.--The Comptroller
General of the United States shall conduct a review to assess the
extent to which relevant research conducted or supported by the
National Institutes of Health meets Federal animal research
requirements pursuant of the Public Health Service Policy on Humane
Care and Use of Laboratory Animals. Such review shall also consider
whether, for research conducted or supported by the National Institutes
of Health that involves the use of animals, the processes of the
National Institutes of Health for reviewing initial research proposals
and monitoring funded research include a review of project protocols
and methods to ensure that results generated by such project may be
reasonably anticipated to be reproducible and replicable and achieve
similar results, as applicable, in clinical trials. Not later than 2
years after the date of enactment of this Act, the Comptroller General
shall submit a report on the review required under this subsection to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives.
Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
Medical Products
SEC. 2401. WARM BASE MANUFACTURING CAPACITY FOR MEDICAL
COUNTERMEASURES.
(a) In General.--Section 319L of the Public Health Service Act (42
U.S.C. 247d-7e) is amended--
(1) in subsection (a)(6)(B)--
(A) by redesignating clauses (iv) and (v) as
clauses (v) and (vi), respectively;
(B) by inserting after clause (iii), the following:
``(iv) activities to support, maintain, and
improve domestic manufacturing surge capacity
and capabilities, as appropriate, including
through the utilization of advanced
manufacturing and platform technologies, to
increase the availability of products that are
or may become qualified countermeasures or
qualified pandemic or epidemic products;''; and
(C) in clause (vi) (as so redesignated), by
inserting ``manufacturing,'' after ``improvement,'';
(2) in subsection (b)--
(A) in the first sentence of paragraph (1), by
inserting ``support for domestic manufacturing surge
capacity and capabilities,'' after ``initiatives for
innovation,''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B),
the following:
``(C) activities to support, maintain, and improve
domestic manufacturing surge capacity and capabilities,
as appropriate, including through the utilization of
advanced manufacturing and platform technologies, to
increase the availability of products that are or may
become qualified countermeasures or qualified pandemic
or epidemic products; and'';
(3) in subsection (c)--
(A) in paragraph (2)(B), by inserting before the
semicolon ``, including through the establishment and
maintenance of domestic manufacturing surge capacity
and capabilities, consistent with subsection
(a)(6)(B)(iv)'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``and'' at the end;
and
(bb) by adding at the end
the following:
``(III) facilitating such
communication, as appropriate,
regarding manufacturing surge capacity
and capabilities with respect to
qualified countermeasures and qualified
pandemic or epidemic products to
prepare for, or respond to, a public
health emergency or potential public
health emergency; and
``(IV) facilitating such
communication, as appropriate and in a
manner that does not compromise
national security, with respect to
potential eligibility for the material
threat medical countermeasure priority
review voucher program under section
565A of the Federal Food, Drug, and
Cosmetic Act;'';
(II) in clause (ii)(III), by
striking ``and'' at the end;
(III) by redesignating clause (iii)
as clause (iv); and
(IV) by inserting after clause
(ii), the following:
``(iii) communicate regularly with entities
in receipt of an award pursuant to subparagraph
(B)(v), and facilitate communication between
such entities and other entities in receipt of
an award pursuant to subparagraph (B)(iv), as
appropriate, for purposes of planning and
response regarding the availability of
countermeasures and the maintenance of domestic
manufacturing surge capacity and capabilities,
including any planned uses of such capacity and
capabilities in the near- and mid-term, and
identification of any significant challenges
related to the long-term maintenance of such
capacity and capabilities; and'';
(ii) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end;
(II) in clause (iv), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(v) award contracts, grants, and
cooperative agreements and enter into other
transactions to support, maintain, and improve
domestic manufacturing surge capacity and
capabilities, including through supporting
flexible or advanced manufacturing, to ensure
that additional capacity is available to
rapidly manufacture products that are or may
become qualified countermeasures or qualified
pandemic or epidemic products in the event of a
public health emergency declaration or
significant potential for a public health
emergency.'';
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) consult with the Commissioner of
Food and Drugs, pursuant to section 565(b)(2)
of the Federal Food, Drug, and Cosmetic Act, to
ensure that facilities performing
manufacturing, pursuant to an award under
subparagraph (B)(v), are in compliance with
applicable requirements under such Act and this
Act, as appropriate, including current good
manufacturing practice pursuant to section
501(a)(2)(B) of the Food, Drug, and Cosmetic
Act; and'';
(iv) in subparagraph (D)(i), by inserting
``, including to improve manufacturing
capacities and capabilities for medical
countermeasures'' before the semicolon;
(v) in subparagraph (E)(ix), by striking
``2023'' and inserting ``2028''; and
(vi) by adding at the end the following:
``(G) Annual reports by award recipients.--As a
condition of receiving an award under subparagraph
(B)(v), a recipient shall develop and submit to the
Secretary annual reports related to the maintenance of
such capacity and capabilities, including ensuring that
such capacity and capabilities are able to support the
rapid manufacture of countermeasures as required by the
Secretary.''; and
(C) in paragraph (5), by adding at the end the
following:
``(H) Supporting warm-base and surge capacity and
capabilities.--Pursuant to an award under subparagraph
(B)(v), the Secretary may make payments for activities
necessary to maintain domestic manufacturing surge
capacity and capabilities supported under such award to
ensure that such capacity and capabilities are able to
support the rapid manufacture of countermeasures as
required by the Secretary to prepare for, or respond
to, an existing or potential public health emergency or
otherwise address threats that pose a significant level
of risk to national security. The Secretary may support
the utilization of such capacity and capabilities under
awards for countermeasure and product advanced research
and development, as appropriate, to provide for the
maintenance of such capacity and capabilities.''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than
180 days after the date of enactment of this
subsection'' and inserting ``Not later than 180 days
after the date of enactment of the PREVENT Pandemics
Act'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``this subsection'' and
inserting ``the PREVENT Pandemics Act'';
(ii) in subparagraph (B), by striking
``and'' at the end; and
(iii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(D) plans for the near-, mid-, and long-term
sustainment of manufacturing activities carried out
under this section, including such activities pursuant
to subsection (c)(5)(H), specific actions to regularly
assess the ability of recipients of an award under
subsection (c)(4)(B)(v) to rapidly manufacture
countermeasures as required by the Secretary, and
recommendations to address challenges, if any, related
to such activities.''.
SEC. 2402. SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC NATIONAL
STOCKPILE.
Subclause (II) of section 319F-2(a)(2)(B)(i) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(2)(B)(i)) is amended to read as
follows:
``(II) planning considerations for
appropriate manufacturing capacity and
capability to meet the goals of such
additions or modifications (without
disclosing proprietary information),
including--
``(aa) consideration of the
effect such additions or
modifications may have on the
availability of such products
and ancillary medical supplies
on the health care system; and
``(bb) an assessment of the
current supply chain for such
products, including information
on supply chain redundancies,
any known domestic
manufacturing capacity for such
products, and any related
vulnerabilities;''.
SEC. 2403. STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTENANCE.
Section 319F-2(a)(3) of the Public Health Service Act (42 U.S.C.
247d-6b(a)(3)) is amended--
(1) in subparagraph (B), by inserting ``, regularly
reviewed, and updated'' after ``followed''; and
(2) by amending subparagraph (D) to read as follows:
``(D) review and revise, as appropriate, the
contents of the stockpile on a regular basis to ensure
that--
``(i) emerging threats, advanced
technologies, and new countermeasures are
adequately considered;
``(ii) the potential depletion of
countermeasures currently in the stockpile is
identified and appropriately addressed,
including through necessary replenishment; and
``(iii) such contents are in working
condition or usable, as applicable, and are
ready for deployment, which may include
conducting maintenance services on such
contents of the stockpile and disposing of such
contents that are no longer in working
condition, or usable, as applicable;''.
SEC. 2404. IMPROVING TRANSPARENCY AND PREDICTABILITY OF PROCESSES OF
THE STRATEGIC NATIONAL STOCKPILE.
(a) Guidance.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue guidance describing the
processes by which the Secretary deploys the contents of the Strategic
National Stockpile under section 319F-2(a) of the Public Health Service
Act (42 U.S.C. 247d-6b(a)), or otherwise distributes medical
countermeasures, as applicable, to States, territories, Indian Tribes
and Tribal organizations (as such terms are defined under section 4 of
the Indian Self-Determination and Education Assistance Act), and other
applicable entities. Such guidance shall include information related to
processes by which to request access to the contents of the Strategic
National Stockpile, factors considered by the Secretary when making
deployment or distribution decisions, and processes and points of
contact through which entities may contact the Secretary to address any
issues related to products requested or received by such entity from
the stockpile, and on other relevant topics.
(b) Annual Meetings.--Section 319F-2(a)(3) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) convene meetings, not less than once per
year, with representatives from State, local, and
Tribal health departments or officials, relevant
industries, other Federal agencies, and other
appropriate stakeholders, in a manner that does not
compromise national security, to coordinate and share
information related to maintenance and use of the
stockpile, including a description of future
countermeasure needs and additions, modifications, and
replenishments of the contents of the stockpile, and
considerations related to the manufacturing and
procurement of products consistent with the
requirements of the with the requirements of chapter 83
of title 41, United States Code (commonly referred to
as the `Buy American Act'), as appropriate.''.
SEC. 2405. IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE STRATEGIC
NATIONAL STOCKPILE.
(a) In General.--Section 319F-2 of the Public Health Service Act
(42 U.S.C. 247d-6b) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(F), by striking ``as required
by the Secretary of Homeland Security'' and inserting
``at the discretion of the Secretary, in consultation
with, or at the request of, the Secretary of Homeland
Security,'';
(B) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (4) the following:
``(5) Vendor-managed inventory and warm-base surge
capacity.--
``(A) In general.--For the purposes of maintaining
the stockpile under paragraph (1) and carrying out
procedures under paragraph (3), the Secretary may enter
into contracts or cooperative agreements with vendors,
which may include manufacturers or distributors of
medical products, with respect to medical products
intended to be delivered to the ownership of the
Federal Government. Each such contract or cooperative
agreement shall be subject to such terms and conditions
as the Secretary may specify, including terms and
conditions with respect to--
``(i) procurement, maintenance, storage,
and delivery of products, in alignment with
inventory management and other applicable best
practices, under such contract or cooperative
agreement, which may consider, as appropriate,
costs of transporting and handling such
products; or
``(ii) maintenance of domestic
manufacturing capacity and capabilities of such
products to ensure additional reserved
production capacity and capabilities are
available, and that such capacity and
capabilities are able to support the rapid
manufacture, purchase, storage, and delivery of
such products, as required by the Secretary to
prepare for, or respond to, an existing or
potential public health emergency.
``(B) Report.--Not later than 2 years after the
date of enactment of the PREVENT Pandemics Act, and
annually thereafter, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report
on any contracts or cooperative agreements entered into
under subparagraph (A) for purposes of establishing and
maintaining vendor-managed inventory or reserve
manufacturing capacity and capabilities for products
intended for the stockpile, including a description
of--
``(i) the amount of each award;
``(ii) the recipient of each award;
``(iii) the product or products covered
through each award; and
``(iv) how the Secretary works with each
recipient to ensure situational awareness
related to the manufacturing capacity for, or
inventory of, such products and coordinates the
distribution and deployment of such products,
as appropriate and applicable.''; and
(D) in subparagraph (A) of paragraph (6), as so
redesignated--
(i) in clause (viii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (ix), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(x) with respect to reports issued in
2027 or any subsequent year, an assessment of
selected contracts or cooperative agreements
entered into pursuant to paragraph (5).''; and
(2) in subsection (c)(2)(C), by striking ``on an annual
basis'' and inserting ``not later than March 15 of each year''.
(b) Authorization of Appropriations.--Section 319F-2(f)(1) of the
Public Health Service Act (42 U.S.C. 247d-6b(f)(1)) is amended by
striking ``$610,000,000 for each of fiscal years 2019 through 2023''
and inserting ``$610,000,000 for each of fiscal years 2019 through
2021, and $750,000,000 for each of fiscal years 2022 and 2023''.
SEC. 2406. REIMBURSEMENT FOR CERTAIN SUPPLIES.
Paragraph (7) of section 319F-2(a) of the Public Health Service Act
(42 U.S.C. 247d-6b(a)), as so redesignated by section 405(a)(1)(B), is
amended to read as follows:
``(7) Reimbursement for certain supplies.--
``(A) In general.--The Secretary may, at
appropriate intervals, make available for purchase
excess contents procured for, and maintained within,
the stockpile under paragraph (1) to any Federal agency
or State, local, or Tribal government. The Secretary
shall make such contents available for purchase only
if--
``(i) such contents are in excess of what
is required for appropriate maintenance of such
stockpile;
``(ii) the Secretary determines that the
costs for maintaining such excess contents are
not appropriate to expend to meet the needs of
the stockpile; and
``(iii) the Secretary determines that such
action does not compromise national security
and is in the national interest.
``(B) Reimbursement and collection.--The Secretary
may require reimbursement for contents that are made
available under subparagraph (A), in an amount that
reflects the cost of acquiring and maintaining such
contents and the costs incurred to make available such
contents in the time and manner specified by the
Secretary. Amounts collected under this subsection
shall be credited to the appropriations account or fund
that incurred the costs to procure such contents, and
shall remain available, without further appropriation,
until expended, for the purposes of the appropriation
account or fund so credited.
``(C) Rule of construction.--This paragraph shall
not be construed to preclude transfers of contents in
the stockpile under other authorities.
``(D) Report.--Not later than 2 years after the
date of enactment of the PREVENT Pandemics Act, and
annually thereafter, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report
on the use of the authority provided under this
paragraph, including details of each action taken
pursuant to this paragraph, the account or fund to
which any collected amounts have been credited, and how
the Secretary has used such amounts.
``(E) Sunset.--The authority under this paragraph
shall terminate on September 30, 2028.''.
SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION.
Section 319 of the Public Health Service Act (42 U.S.C. 247d), as
amended by section 2223, is further amended by adding at the end the
following:
``(h) Stockpile Depletion Reporting.--The Secretary shall, not
later than 30 days after the deployment of contents of the Strategic
National Stockpile under section 319F-2(a) to respond to a public
health emergency declared by the Secretary under this section or an
emergency or major disaster declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, and every 30
days thereafter until the expiration or termination of such public
health emergency, emergency, or major disaster, submit a report to the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives on--
``(1) the deployment of the contents of the stockpile in
response to State, local, and Tribal requests;
``(2) the amount of such products that remain within the
stockpile following such deployment; and
``(3) plans to replenish such products, as appropriate,
including related timeframes and any barriers or limitations to
replenishment.''.
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND
FACILITIES.
(a) Clarification.--Section 319F-2(a)(3) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (C), by striking ``and local'' and
inserting ``local, and Tribal''; and
(2) in subparagraph ( J), by striking ``and local'' and
inserting ``local, and Tribal''.
(b) Distribution of Medical Countermeasures to Indian Tribes.--
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is
amended by inserting after section 319F-4 the following:
``SEC. 319F-5. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS
AND FACILITIES.
``In the event that the Secretary deploys the contents of the
Strategic National Stockpile under section 319F-2(a), or otherwise
distributes medical countermeasures to States to respond to a public
health emergency declared by the Secretary under section 319, the
Secretary shall, in consultation with the applicable States, make such
contents or countermeasures directly available to Indian Tribes and
Tribal organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304), which may include through health programs or facilities operated
by the Indian Health Service, that are affected by such public health
emergency.''.
SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES.
(a) Section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b) is amended by adding at the end the following:
``(i) Pilot Program to Support State Medical Stockpiles.--
``(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention,
shall award grants or cooperative agreements to not fewer than
5 States, or consortia of States, with consideration given to
distribution among the geographical regions of the United
States, to establish, expand, or maintain a stockpile of
appropriate drugs, vaccines and other biological products,
medical devices, and other medical supplies determined by the
State to be necessary to respond to a public health emergency
declared by the Governor of a State or by the Secretary under
section 319, or a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, in
order to support the preparedness goals described in paragraphs
(2) through (6) and (8) of section 2802(b). A recipient of such
an award may not use award funds to support the stockpiling of
security countermeasures (as defined in subsection (c)(1),
unless the eligible entity provides justification for
maintaining such countermeasures and the Secretary determines
such justification is appropriate and applicable.
``(2) Requirements.--
``(A) Application.--To be eligible to receive an
award under paragraph (1), an entity shall prepare, in
consultation with appropriate health care entities and
health officials within the jurisdiction of such State
or States, and submit to the Secretary an application
that contains such information as the Secretary may
require, including--
``(i) a plan for such stockpile, consistent
with paragraph (4), including--
``(I) a description of the
activities such entity will carry out
under the agreement;
``(II) an assurance that such
entity will use funds under such award
in alignment with the requirements of
chapter 83 of title 41, United States
Code (commonly referred to as the `Buy
American Act'); and
``(III) an outline of proposed
expenses; and
``(ii) a description of how such entity
will coordinate with relevant entities in
receipt of an award under section 319C-1 or
319C-2 pursuant to paragraph (4), including
through promoting alignment between the
stockpile plan established pursuant to clause
(i) and applicable plans that are established
by such entity pursuant to section 319C-1 or
319C-2.
``(B) Matching funds.--
``(i) Subject to clause (ii), the Secretary
may not make an award under this subsection
unless the applicant agrees, with respect to
the costs to be incurred by the applicant in
carrying out the purpose described in this
subsection, to make available non-Federal
contributions toward such costs in an amount
equal to--
``(I) for each of fiscal years 2023
and 2024, not less than $1 for each $20
of Federal funds provided in the award;
and
``(II) for fiscal year 2025 and
each fiscal year thereafter, not less
than $1 for each $10 of Federal funds
provided in the award.
``(ii) Waiver.--The Secretary may, upon the
request of a State, waive the requirement under
clause (i), in whole or in part, if the
Secretary determines that extraordinary
economic conditions in the State in the fiscal
year involved or in the previous fiscal year
justify the waiver. A waiver provided by the
Secretary under this subparagraph shall apply
only to the fiscal year involved.
``(C) Administrative expenses.--Not more than 10
percent of amounts received by an entity pursuant to an
award under this subsection may be used for
administrative expenses.
``(3) Lead entity.--An entity in receipt of an award under
paragraph (1) may designate a lead entity, which may be a
public or private entity, as appropriate, to manage the
stockpile at the direction of the State or consortium of
States.
``(4) Use of funds.--An entity in receipt of an award under
paragraph (1) shall use such funds to--
``(A) purchase, store, and maintain a stockpile of
appropriate drugs, vaccines and other biological
products, medical devices, and other medical supplies
to be used during a public health emergency, major
disaster, or emergency described in paragraph (1), in
such numbers, types, and amounts as the entity
determines necessary, consistent with such entity's
stockpile plan established pursuant to paragraph
(2)(A)(i);
``(B) deploy the stockpile as required by the
entity to respond to an actual or potential public
health emergency, major disaster, or other emergency
described in paragraph (1);
``(C) replenish and make necessary additions or
modifications to the contents of such stockpile,
including to address potential depletion;
``(D) in consultation with Federal, State, and
local officials, take into consideration the
availability, deployment, dispensing, and
administration requirements of medical products within
the stockpile;
``(E) ensure that procedures are followed for
inventory management and accounting, and for the
physical security of the stockpile, as appropriate;
``(F) review and revise, as appropriate, the
contents of the stockpile on a regular basis to ensure
that, to the extent practicable, new technologies and
medical products are considered;
``(G) carry out exercises, drills, and other
training for purposes of stockpile deployment,
dispensing, and administration of medical products, and
for purposes of assessing the capability of such
stockpile to address the medical supply needs of public
health emergencies, major disasters, or other
emergencies described in paragraph (1) of varying types
and scales, which may be conducted in accordance with
requirements related to exercises, drills, and other
training for recipients of awards under section 319C-1
or 319C-2, as applicable; and
``(H) carry out other activities related to the
State strategic stockpile as the entity determines
appropriate, to support State efforts to prepare for,
and respond to, public health threats.
``(5) Supplement not supplant.--Awards under paragraph (1)
shall supplement, not supplant, the maintenance and use of the
Strategic National Stockpile by the Secretary under subsection
(a).
``(6) Guidance for states.--Not later than 180 days after
the date of enactment of this subsection, the Secretary, in
consultation with States, health officials, and other relevant
stakeholders, as appropriate, shall issue guidance, and update
such guidance as appropriate, for States related to maintaining
and replenishing a stockpile of medical products, which may
include strategies and best practices related to--
``(A) types of medical products and medical
supplies that are critical to respond to public health
emergencies, and may be appropriate for inclusion in a
stockpile by States, with consideration of threats that
require the large-scale and simultaneous deployment of
stockpiles, including the stockpile maintained by the
Secretary pursuant to subsection (a), and long-term
public health and medical response needs;
``(B) appropriate management of the contents of a
stockpile, including management by vendors of reserve
amounts of medical products and supplies intended to be
delivered to the ownership of the State and appropriate
disposition of excess products, as applicable; and
``(C) the procurement of medical products and
medical supplies consistent with the requirements of
chapter 83 of title 41, United States Code (commonly
referred to as the `Buy American Act').
``(7) Technical assistance.--The Secretary shall provide
assistance to States, including technical assistance, as
appropriate, in establishing, maintaining, improving, and
utilizing a medical stockpile, including appropriate inventory
management and disposition of products.
``(8) Reporting.--
``(A) State reports.--Each entity receiving an
award under paragraph (1) shall update, as appropriate,
the plan established pursuant to paragraph (2)(A)(i)
and submit to the Secretary an annual report on
implementation of such plan, including any changes to
the contents of the stockpile supported under such
award. The Secretary shall use information obtained
from such reports to inform the maintenance and
management of the Strategic National Stockpile pursuant
to subsection (a).
``(B) Reports to congress.--Not later than 1 year
after the initial issuance of awards pursuant to
paragraph (1), and annually thereafter for the duration
of the program established under this subsection, the
Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on
Energy and Commerce and the Committee on Appropriations
of the House of Representatives a report on such
program, including--
``(i) Federal and State expenditures to
support stockpiles under such program;
``(ii) activities conducted pursuant to
paragraph (4); and
``(iii) any additional information from the
States that the Secretary determines relevant.
``(9) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated
$3,500,000,000 for each of fiscal years 2023 and 2024, to
remain available until expended.''.
(b) GAO Report.--Not later than 3 years after the date on which
awards are first issued pursuant to subsection (i)(1) of section 319F-2
of the Public Health Service Act (42 U.S.C. 247d-6b), as added by
subsection (a), the Comptroller General of the United States shall
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the State stockpiles established or
maintained pursuant to this section. Such report shall include an
assessment of--
(1) coordination and communication between the Secretary of
Health and Human Services and entities in receipt of an award
under this section, or a lead entity designated by such entity;
(2) technical assistance provided by the Secretary of
Health and Human Services to such entities; and
(3) the impact of such stockpiles on the ability of the
State to prepare for and respond to a public health emergency,
major disaster, or other emergency described in subsection
(i)(1) of section 319F-2 of the Public Health Service Act (42
U.S.C. 247d-6b), as added by subsection (a), including the
availability and distribution of items from such State
stockpile to health care entities and other applicable
entities.
SEC. 2410. STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF GENERIC
MEDICINES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Assistant Secretary for Planning and Evaluation of the Department of
Health and Human Services shall--
(1) conduct a study on the feasibility, including related
to sustainment, and potential effectiveness, and utility of
providing incentives for increased domestic production and
capacity of specified generic medicines and their active
pharmaceutical ingredients, which may include through
applicable nonprofit or for-profit private entities; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report on such study to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(b) Specified Generic Medicine.--In this section, the term
``specified generic medicine'' means a generic drug approved under
section 505(j) of the Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
that is --
(1) used to prevent, mitigate, or treat a serious or life-
threatening disease or condition, or used in a common procedure
that could be life-threatening without such medicine;
(2) an antibiotic or antifungal used to treat a serious or
life threatening infectious disease;
(3) critical to the public health during a public health
emergency; or
(4) life-supporting, life-sustaining, or intended for use
in the prevention or treatment of a debilitating disease or
condition.
SEC. 2411. INCREASED MANUFACTURING CAPACITY FOR CERTAIN CRITICAL
ANTIBIOTIC DRUGS.
(a) Program.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and
Commissioner of Food and Drugs, may award contracts to increase
the domestic manufacturing capacity of certain antibiotic drugs
with identified supply chain vulnerabilities, or the active
pharmaceutical ingredient or key starting material of such
antibiotic drugs.
(2) Eligible entities.--To be eligible to receive an award
under this subsection, an entity shall--
(A) be a manufacturer that is in compliance with,
or demonstrates capability to comply with, the relevant
requirements of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.); and
(B) prepare and submit to the Secretary an
application at such time, and in such manner, and
containing such information as the Secretary may
require, including--
(i) a description of proposed activities to
be supported by an award under this subsection
to increase manufacturing capacity for such
antibiotic drug or drugs;
(ii) the antibiotic drug or drugs, or
related active pharmaceutical ingredients or
key starting materials for such drug or drugs,
that such entity intends to manufacture with
any increased manufacturing capacity supported
by an award under this subsection;
(iii) any additional products such
increased manufacturing capacity could be used
to manufacture;
(iv) a description of the current supply
chain for such antibiotic drugs, including any
existing and applicable manufacturing
facilities, known vulnerabilities in the supply
chain, known or potential supply limitations,
such as foreign export restrictions, or
subsidies from foreign governments, as
applicable;
(v) a description of how such entity may
use advanced or flexible manufacturing in
carrying out the terms of an award under this
subsection; and
(vi) a strategic plan regarding the
maintenance, operation, and sustainment of such
increased manufacturing capacity following the
expiration of a contract under this subsection.
(3) Use of funds.--A recipient of an award under this
subsection shall use such funds to build, expand, upgrade,
modify, or recommission a facility located in the United
States, which may include the purchase or upgrade of equipment,
as applicable, to support increased manufacturing capacity of
certain antibiotic drugs for which supply chain vulnerabilities
exist, or the active pharmaceutical ingredient or key starting
material of such antibiotic drugs.
(4) Reports.--An entity in receipt of an award under this
subsection shall submit to the Secretary such reports as the
Secretary may require related to increasing domestic
manufacturing capacity of antibiotic drugs pursuant to a
contract under this subsection, including actions taken to
implement the strategic plan required under paragraph
(2)(B)(vi).
(5) Contract terms.--The following shall apply to a
contract to support increased domestic manufacturing capacity
under this subsection:
(A) Milestone-based payments.--The Secretary may
provide payment, including advance payment or partial
payment for significant milestones, if the Secretary
makes a determination that such payment is necessary
and appropriate.
(B) Repayment.--The contract shall provide that
such payment is required to be repaid if there is a
failure to perform by the manufacturer under the
contract; if the specified milestones are reached, an
advance or partial payment shall not be required to be
repaid.
(C) Contract duration.--
(i) In general.--Each contract shall be for
a period not to exceed 5 years.
(ii) Non-renewability.--A contract shall
not be renewable.
(iii) Notifications of extensions and
terminations.--If the Secretary decides to
terminate a contract prior to its expiration,
the Secretary shall notify the manufacturer
within 90 days of such determination.
(D) Additional terms.--The Secretary, in any
contract under this subsection--
(i) may specify--
(I) the amount of funding that will
be dedicated by the Secretary for
supporting increased manufacturing
capacity under such contract; and
(II) the amount of manufacturing
capacity that such eligible entity must
meet; and
(ii) shall provide a clear statement of
defined Federal Government purpose limited to
uses related to increasing domestic
manufacturing capacity for antibiotic drugs to
address identified supply chain vulnerabilities
and challenges to establishing and maintaining
domestic manufacturing capacity.
(E) Sustainment.--Each contract shall provide for
the eligible entity to update the strategic plan
required under paragraph (2)(B)(vi) throughout the
duration of such contract, as required by the
Secretary.
(b) Report.--Not later than 2 years after the date of enactment of
this Act and every year thereafter until the termination or expiration
of all such contracts, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on any
activities supported under subsection (a), including--
(1) the antibiotic drugs for which the Secretary
prioritized awards under subsection (a), including a
description of how the Secretary consulted with stakeholders to
inform such prioritization;
(2) information regarding each contract awarded pursuant to
subsection (a), including--
(A) the recipient of each such contract, including
any recipients of a subaward;
(B) the milestone and performance requirements
pursuant to each such contract;
(C) the duration of each such contract;
(D) the amount of funding provided by the Secretary
pursuant to each such contract, including any advanced
or partial payments;
(E) the antibiotic drugs supported through each
such contract, including a description of the medical
necessity of each such antibiotic drug and any supply
chain vulnerabilities, limitations, and related
characteristics identified pursuant to subsection
(a)(2)(B)(iv) for each such antibiotic drug; and
(F) the amount of increased manufacturing capacity
for such antibiotic drug that each such contract
supports; and
(3) a description of how such contracts address supply
chain vulnerabilities, including increasing manufacturing
capacity of antibiotic drugs in the United States; and
(4) a description of the strategic plan submitted pursuant
to subsection (a)(2)(B)(vi) by each recipient of an award under
subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit, directly or indirectly, or otherwise impact
the private distribution, purchase, or sale of antibiotic drugs
or active pharmaceutical ingredients or key starting materials;
or
(2) to authorize the Secretary to disclose any information
that is a trade secret, or other privileged or confidential
information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
(d) Definitions.--For purposes of this section:
(1) Active pharmaceutical ingredient.--The term ``active
pharmaceutical ingredient'' has the meaning given such term in
section 744A of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-41).
(2) Antibiotic drug.--The term ``antibiotic drug'' means an
antibacterial or antifungal drug approved by the Food and Drug
Administration under section 505(j) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(j)) that is of significant
priority to providing health care and is medically necessary to
have available at all times in an amount adequate to serve
patient needs.
(3) Key starting material.--The term ``key starting
material'' means any component of a drug that the Secretary
determines to be necessary to the safety and effectiveness of
the drug.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Sunset.--The authority to enter into new contracts under this
section shall cease to be effective 3 years after the date of enactment
of this Act, and, beginning on the date that is 8 years after the date
of enactment of this Act, this section shall have no force or effect.
Subtitle E--Enhancing Development and Combating Shortages of Medical
Products
CHAPTER 1--DEVELOPMENT AND REVIEW
SEC. 2501. ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.
Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-4) is amended by adding at the end the following:
``(h) Accelerating Countermeasure Development and Review During an
Emergency.--
``(1) Acceleration of countermeasure development and
review.--The Secretary may, at the request of the sponsor of a
countermeasure, during a domestic, military, or public health
emergency or material threat described in section
564A(a)(1)(C), expedite the development and review of
countermeasures that are intended to address such domestic,
military, or public health emergency or material threat for
approval, licensure, clearance, or authorization under this
title or section 351 of the Public Health Service Act.
``(2) Actions.--The actions to expedite the development and
review of a countermeasure under paragraph (1) may include the
following:
``(A) Expedited review of submissions made by
sponsors of countermeasures to the Food and Drug
Administration, including rolling submissions of
countermeasure applications and other submissions.
``(B) Expedited and increased engagement with
sponsors regarding countermeasure development and
manufacturing, including--
``(i) holding meetings with the sponsor and
the review team and providing timely advice to,
and interactive communication with, the sponsor
regarding the development of the countermeasure
to ensure that the development program to
gather the nonclinical and clinical data
necessary for approval, licensure, clearance,
or authorization is as efficient as
practicable;
``(ii) involving senior managers and
experienced review staff, as appropriate, in a
collaborative, cross-disciplinary review;
``(iii) assigning a cross-disciplinary
project lead for the review team to facilitate;
``(iv) taking steps to ensure that the
design of the clinical trials is as efficient
as practicable, when scientifically
appropriate, such as by minimizing the number
of patients exposed to a potentially less
efficacious treatment; and
``(v) streamlining the review of approved,
licensed, cleared, or authorized
countermeasures to treat or prevent new or
emerging threats, including the review of any
changes to such countermeasures.
``(C) Expedited issuance of guidance documents and
publication of other regulatory information regarding
countermeasure development and manufacturing.
``(D) Other steps to expedite the development and
review of a countermeasure application submitted for
approval, licensure, clearance, or authorization, as
the Secretary determines appropriate.
``(3) Limitation of effect.--Nothing in this subsection
shall be construed to require the Secretary to grant, or take
any other action related to, a request of a sponsor to expedite
the development and review of a countermeasure for approval,
licensure, clearance, or authorization under paragraph (1).''.
SEC. 2502. THIRD PARTY TEST EVALUATION DURING EMERGENCIES.
(a) In General.--Section 565 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-4), as amended by section 2501, is
further amended by adding at the end the following:
``(i) Third Party Evaluation of Tests Used During an Emergency.--
``(1) In general.--For purposes of conducting evaluations
regarding whether an in vitro diagnostic product (as defined in
section 809.3 of title 21, Code of Federal Regulations (or any
successor regulations)) for which a request for emergency use
authorization is submitted under section 564 meets the criteria
for issuance of such authorization, the Secretary may, as
appropriate, consult with persons with appropriate expertise
with respect to such evaluations or enter into cooperative
agreements or contracts with such persons under which such
persons conduct such evaluations and make such recommendations,
including, as appropriate, evaluations and recommendations
regarding the scope of authorization and conditions of
authorization.
``(2) Requirements regarding evaluations and
recommendations.--
``(A) In general.--In evaluating and making
recommendations to the Secretary regarding the
validity, accuracy, and reliability of in vitro
diagnostic products, as described in paragraph (1), a
person shall consider and document whether the relevant
criteria under subsection (c)(2) of section 564 for
issuance of authorization under such section are met
with respect to the in vitro diagnostic product.
``(B) Written recommendations.--Recommendations
made by a person under this subsection shall be
submitted to the Secretary in writing, and shall
include the reasons for such recommendation and other
information that may be requested by the Secretary.
``(3) Rule of construction.-- Nothing in this subsection
shall be construed to require the Secretary to consult with, or
enter into cooperative agreements or contracts with, persons as
described in paragraph (1) for purposes of authorizing an in
vitro diagnostic product or otherwise affecting the emergency
use authorization authorities under this section or section
564.''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services (referred to in
this subsection as the ``Secretary'') shall issue draft guidance on
consultations with persons under subsection (i) of section 565 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4), as added by
subsection (a), including considerations concerning conflicts of
interest, compensation arrangements, and information sharing. Not later
than 1 year after the public comment period on such draft guidance
ends, the Secretary shall issue a revised draft guidance or final
guidance.
SEC. 2503. PLATFORM TECHNOLOGIES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 506J of such Act (21 U.S.C.
356j) the following:
``SEC. 506K. PLATFORM TECHNOLOGIES.
``(a) In General.--The Secretary shall establish a program for the
designation of platform technologies that meet the criteria described
in subsection (b).
``(b) Criteria.--A platform technology incorporated within or
utilized by a drug or biological product is eligible for designation as
a designated platform technology under this section if--
``(1) the platform technology is incorporated in, or
utilized by, a drug approved under section 505 of this Act or a
biological product licensed under section 351 of the Public
Health Service Act;
``(2) preliminary evidence submitted by the sponsor of the
approved or licensed drug described in paragraph (1), or a
sponsor that has been granted a right of reference to data
submitted in the application for such drug, demonstrates that
the platform technology has the potential to be incorporated
in, or utilized by, more than one drug without an adverse
effect on quality, manufacturing, or safety; and
``(3) data or information submitted by the applicable
person under paragraph (2) indicates that incorporation or
utilization of the platform technology has a reasonable
likelihood to bring significant efficiencies to the drug
development or manufacturing process and to the review process.
``(c) Request for Designation.--A person may request the Secretary
designate a platform technology as a designated platform technology
concurrently with, or at any time after, submission under section
505(i) of this Act or section 351(a)(3) of the Public Health Service
Act for the investigation of a drug that incorporates or utilizes the
platform technology that is the subject of the request.
``(d) Designation.--
``(1) In general.--Not later than 90 calendar days after
the receipt of a request under subsection (c), the Secretary
shall determine whether the platform technology that is the
subject of the request meets the criteria described in
subsection (b).
``(2) Designation.--If the Secretary determines that the
platform technology meets the criteria described in subsection
(b), the Secretary shall designate the platform technology as a
designated platform technology and may expedite the development
and review of any subsequent application submitted under
section 505(b) of this Act or section 351(a) of the Public
Health Service Act for a drug that uses or incorporates the
platform technology pursuant to subsection (e), as appropriate.
``(3) Determination not to designate.--If the Secretary
determines that the platform technology does not meet the
criteria under subsection (b), the Secretary shall include with
the determination not to designate the technology a written
description of the rationale for such determination.
``(4) Revocation of designation.--The Secretary may revoke
a designation made under paragraph (2), if the Secretary
determines that the designated platform technology no longer
meets the criteria described in subsection (b). The Secretary
shall communicate the determination to revoke a designation to
the requesting sponsor in writing, including a description of
the rationale for such determination.
``(5) Applicability.--Nothing in this section shall prevent
a product that uses or incorporates a designated platform
technology from being eligible for expedited approval pathways
if it is otherwise eligible under this Act or the Public Health
Service Act.
``(e) Actions.--The Secretary may take actions to expedite the
development and review of an application for a drug that incorporates
or utilizes a designated platform technology, including--
``(1) engaging in early interactions with the sponsor to
discuss the use of the designated platform technology and what
is known about such technology, including data previously
submitted that is relevant to establishing, as applicable,
safety or efficacy under section 505(b) of this Act or safety,
purity, or potency under section 351(a) of the Public Health
Service Act;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the drug that proposes to use the designated platform
technology to ensure that the development program designed to
gather data necessary for approval or licensure is as efficient
as practicable, which may include holding meetings with the
sponsor and the review team throughout the development of the
drug; and
``(3) considering inspectional findings, including prior
findings, related to the manufacture of a drug that
incorporates or utilizes the designated platform technology.
``(f) Leveraging Data From Designated Platform Technologies.--The
Secretary shall, consistent with applicable standards for approval,
authorization, or licensure under this Act and section 351(a) of the
Public Health Service Act, allow the sponsor of an application under
section 505(b) of this Act or section 351(a) of the Public Health
Service Act or a request for emergency use authorization under section
564, in order to support approval, licensure, or authorization, to
reference or rely upon data and information within an application or
request for a drug or biological product that incorporates or utilizes
the same platform technology designated under subsection (d), provided
that--
``(1) such data and information was submitted by the same
sponsor, pursuant to the application for the drug with respect
to which designation of the designated platform technology
under subsection (d) was granted; or
``(2) the sponsor relying on such data and information
received a right of reference to such data and information from
the sponsor described in paragraph (1).
``(g) Changes to a Designated Platform Technology.--A sponsor of
more than one application approved under section 505(b) of this Act or
section 351(a) of the Public Health Service Act for drugs that
incorporate or utilize a designated platform technology may submit a
single supplemental application for proposed changes to the designated
platform technology that may be applicable to more than one such drug
that incorporates or utilizes the same designated platform technology.
Such supplemental application may cross-reference data and information
submitted in other applications and may include one or more
comparability protocols regarding how such changes to the platform
technology would be made for each applicable drug or biological
product.
``(h) Definitions.--For purposes of this section:
``(1) The term `platform technology' means a well-
understood and reproducible technology, which may include a
nucleic acid sequence, molecular structure, mechanism of
action, delivery method, vector, or a combination of any such
technologies that the Secretary determines to be appropriate,
that the sponsor demonstrates--
``(A) is incorporated in or utilized by a drug or
biological product and is essential to the structure or
function of such drug or biological product;
``(B) can be adapted for, incorporated into, or
utilized by, more than one drug or biological product
sharing common structural elements; and
``(C) facilitates the manufacture or development of
more than one drug or biological product through a
standardized production or manufacturing process or
processes.
``(2) The term `designated platform technology' means a
platform technology that is designated as a platform technology
under subsection (d).
``(i) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) alter the authority of the Secretary to approve drugs
pursuant to section 505 of this Act or license biological
products pursuant to section 351 of the Public Health Service
Act, including standards of evidence and applicable conditions
for approval or licensure under the applicable Act; or
``(2) confer any new rights with respect to the
permissibility of a sponsor of an application for a drug
product or biological product referencing information contained
in another application submitted by the holder of an approved
application under section 505(c) of this Act or of a license
under section 351(a) of the Public Health Service Act.''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue draft guidance on the
implementation of this section. Such guidance shall include examples of
drugs that can be manufactured using platform technologies, including
drugs that contain or consist of vectors and nucleic acids, information
about the Secretary's review of platform technologies, information
regarding submitting for designation, considerations for persons
submitting a request for designation who have been granted a right of
reference, the implementation of the designated platform technology
designation program, efficiencies that may be achieved in the
development and review of products that incorporate or utilize
designated platform technologies, and recommendations and requirements
for making and reporting manufacturing changes to a designated platform
technology in accordance with section 506K(g) of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)) and section 506A of
such Act (21 U.S.C. 356a), as applicable.
(c) Report.--Not later than September 30, 2026, and annually
thereafter until September 30, 2029, the Secretary shall issue a report
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives that shall include--
(1) the number of requests for designation under the
program under section 506K of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a);
(2) the number of designations under such program issued,
active, and revoked;
(3) the resources required to carry out such program
(including the review time used for full-time equivalent
employees);
(4) any efficiencies gained in the development,
manufacturing, and review processes associated with such
designations; and
(5) recommendations, if any, to strengthen the program to
better leverage platform technologies that can be used in more
than one drug and meet patient needs in a manner as timely as
possible, taking into consideration the resources available to
the Secretary of Health and Human Services for carrying out
such program.
SEC. 2504. INCREASING EUA DECISION TRANSPARENCY.
Section 564(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3(h)) is amended--
(1) in paragraph (1)--
(A) by inserting ``on the internet website of the
Food and Drug Administration and'' after ``promptly
publish'';
(B) by striking ``application under section 505(i),
512(j), or 520(g), even if such summary may indirectly
reveal the existence of such application'' and
inserting ``application, request, or submission under
this section or section 505(b), 505(i), 505(j), 512(b),
512(j), 512(n), 515, 510(k), 513(f)(2), 520(g), 520(m),
571, or 572 of this Act, or section 351(a) or 351(k) of
the Public Health Service Act, even if such summary may
reveal the existence of such an application, request,
or submission, or data contained in such application,
request, or submission''; and
(C) by inserting before the period at the end of
the second sentence the following: ``, which may
include a summary of the data and information
supporting such revisions''; and
(2) in paragraph (2), by adding at the end the following:
``Information made publicly available by the Secretary in
accordance with paragraph (1) shall be considered a disclosure
authorized by law for purposes of section 1905 of title 18,
United States Code''.
SEC. 2505. IMPROVING FDA GUIDANCE AND COMMUNICATION.
(a) FDA Report and Implementation of Good Guidance Practices.--The
Secretary of Health and Human Services (referred to in this section as
the ``Secretary'') shall develop, and publish on the website of the
Food and Drug Administration--
(1) a report identifying best practices for the efficient
prioritization, development, issuance, and use of guidance
documents, within centers, across the Food and Drug
Administration, and across other applicable agencies; and
(2) a plan for implementation of such best practices,
including across other applicable agencies, which shall
address--
(A) streamlining development and review of guidance
documents within centers and across the Food and Drug
Administration;
(B) streamlining processes for regulatory
submissions to the Food and Drug Administration,
including through the revision or issuance of guidance
documents; and
(C) implementing innovative guidance development
processes and practices and transitioning or updating
guidance issued during the COVID-19 public health
emergency, as appropriate.
(b) Report and Implementation of FDA Best Practices for
Communicating With External Stakeholders.--The Secretary, acting
through the Commissioner of Food and Drugs, shall develop and publish
on the website of the Food and Drug Administration a report on the
practices of the Food and Drug Administration to broadly communicate
with external stakeholders, other than through guidance documents,
which shall include--
(1) a review of the types and methods of public
communication that the Food and Drug Administration uses to
communicate and interact with medical product sponsors and
other external stakeholders;
(2) the identification of best practices for the efficient
development, issuance, and use of such communications; and
(3) a plan for implementation of best practices for
communication with external stakeholders, which shall address--
(A) advancing the use of innovative forms of
communication, including novel document types and
formats, to provide increased regulatory clarity to
product sponsors and other stakeholders, and advancing
methods of communicating and interacting with medical
product sponsors and other external stakeholders,
including the use of tools such as product submission
templates, webinars, and frequently asked questions
communications;
(B) streamlining processes for regulatory
submissions; and
(C) implementing innovative communication
development processes and transitioning or updating
communication practices used during the COVID-19 public
health emergency, as appropriate.
(c) Consultation.--In developing and publishing the report and
implementation plan under this section, the Secretary shall consult
with stakeholders, including researchers, academic organizations,
pharmaceutical, biotechnology, and medical device developers, clinical
research organizations, clinical laboratories, health care providers,
patient groups, and other appropriate stakeholders.
(d) Manner of Issuance.-- For purposes of carrying out this
section, the Secretary may update an existing report or plan, and may
combine the reports and implementation plans described in subsections
(a) and (b) into one or more documents.
(e) Timing.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, publish a draft of the reports and plans required
under this section; and
(2) not later than 180 days after publication of the draft
reports and plans under paragraph (1)--
(A) publish a final report and plan; and
(B) begin implementation of the best practices
pursuant to such final plan.
CHAPTER 2--MITIGATING SHORTAGES
SEC. 2511. ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE
MANUFACTURERS.
(a) Registration of Certain Foreign Establishments.--Section 510(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is
amended by adding at the end the following:
``(5) The requirements of paragraphs (1) and (2) shall apply
regardless of whether the drug or device undergoes further manufacture,
preparation, propagation, compounding, or processing at a separate
establishment outside the United States prior to being imported or
offered for import into the United States.''.
(b) Updating Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
update regulations, as appropriate, to implement the amendment made by
subsection (a).
SEC. 2512. EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue draft guidance, or
revise existing guidance, to address recommendations for sponsors of
applications submitted under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health
Service Act (42 U.S.C. 262) regarding--
(1) the submission of stability testing data in such
applications, including considerations for data requirements
that could be streamlined or reduced to facilitate faster
review of longer proposed expiration dates;
(2) establishing in the labeling of drugs the longest
feasible expiration date scientifically supported by such data,
taking into consideration how extended expiration dates may--
(A) help prevent or mitigate drug shortages; and
(B) affect product quality; and
(3) the use of innovative approaches for drug and
combination product stability modeling to support initial
product expiration dates and expiration date extensions.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, and again 2 years thereafter, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that includes--
(1) the number of drugs for which the Secretary has
requested the manufacturer make a labeling change regarding the
expiration date; and
(2) for each drug for which the Secretary has requested a
labeling change with respect to the expiration date,
information regarding the circumstances of such request,
including--
(A) the name and dose of such drug;
(B) the rationale for the request;
(C) whether the drug, at the time of the request,
was listed on the drug shortage list under section 506E
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356e), or was at risk of shortage;
(D) whether the request was made in connection with
a public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d); and
(E) whether the manufacturer made the requested
change by the requested date, and for instances where
the manufacturer does not make the requested change,
the manufacturer's justification for not making the
change, if the manufacturer agrees to provide such
justification for inclusion in the report.
SEC. 2513. COMBATING COUNTERFEIT DEVICES.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(fff)(1) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp, tag,
label, or other identification upon any device or container, packaging,
or labeling thereof so as to render such device a counterfeit device.
``(2) Making, selling, disposing of, or keeping in possession,
control, or custody, or concealing any punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark or imprint of another or any
likeness of any of the foregoing upon any device or container,
packaging, or labeling thereof so as to render such device a
counterfeit device.
``(3) The doing of any act which causes a device to be a
counterfeit device, or the sale or dispensing, or the holding for sale
or dispensing, of a counterfeit device.''.
(b) Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 333) is amended--
(1) in subsection (b)(8), by inserting ``, or who violates
section 301(fff)(3) by knowingly making, selling or dispensing,
or holding for sale or dispensing, a counterfeit device,''
after ``a counterfeit drug''; and
(2) in subsection (c), by inserting ``; or (6) for having
violated section 301(fff)(2) if such person acted in good faith
and had no reason to believe that use of the punch, die, plate,
stone, or other thing involved would result in a device being a
counterfeit device, or for having violated section 301(fff)(3)
if the person doing the act or causing it to be done acted in
good faith and had no reason to believe that the device was a
counterfeit device'' before the period.
(c) Seizure.--Section 304(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 334(a)(2)) is amended--
(1) by striking ``, and (E)'' and inserting ``, (E)''; and
(2) by inserting ``, (F) Any device that is a counterfeit
device, (G) Any container, packaging, or labeling of a
counterfeit device, and (H) Any punch, die, plate, stone,
labeling, container, or other thing used or designed for use in
making a counterfeit device or devices'' before the period.
SEC. 2514. PREVENTING MEDICAL DEVICE SHORTAGES.
(a) Notifications.--Section 506J of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356j) is amended--
(1) in subsection (f), by inserting ``or (h)'' after
``subsection (a)'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Additional Notifications.--The Secretary may receive
voluntary notifications from a manufacturer of a device that is life-
supporting, life-sustaining, or intended for use in emergency medical
care or during surgery, or any other device the Secretary determines to
be critical to the public health, pertaining to a permanent
discontinuance in the manufacture of the device (except for any
discontinuance as a result of an approved modification of the device)
or an interruption of the manufacture of the device that is likely to
lead to a meaningful disruption in the supply of that device in the
United States, and the reasons for such discontinuance or
interruption.''.
(b) Guidance on Voluntary Notifications of Discontinuance or
Interruption of Device Manufacture.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue draft guidance
to facilitate voluntary notifications under subsection (h) of section
506J of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356j), as
added by subsection (a). Such guidance shall include a description of
circumstances in which a voluntary notification under such subsection
(h) may be appropriate, recommended timeframes for such a notification,
the process for receiving such a notification, and actions the
Secretary may take to mitigate or prevent a shortage resulting from a
discontinuance or interruption in the manufacture of a device for which
such notification is received. The Secretary shall issue final guidance
not later than 1 year after the close of the comment period for the
draft guidance.
(c) Guidance on Device Shortage Notification Requirement.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall issue or revise draft guidance regarding requirements
under section 506J of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356j). Such guidance shall include a list of each device product
code for which a manufacturer of such device is required to notify the
Secretary in accordance with section 506J.
SEC. 2515. TECHNICAL CORRECTIONS.
(a) Technical Corrections to the CARES Act.--Division A of the
CARES Act (Public Law 116-136) is amended--
(1) in section 3111(1), by striking ``in paragraph (1)''
and inserting ``in the matter preceding paragraph (1)'';
(2) in section 3112(d)(1), by striking ``and subparagraphs
(A) and (B)'' and inserting ``as subparagraphs (A) and (B)'';
and
(3) in section 3112(e), by striking ``Federal Food, Drug,
Cosmetic Act'' and inserting ``Federal Food, Drug, and Cosmetic
Act''.
(b) Technical Corrections to the Federal Food, Drug, and Cosmetic
Act Related to the CARES Act.--
(1) Section 506c.--Section 506C(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c(a)) is amended, in the
flush text at the end, by striking the second comma after ``in
the United States''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 3112 of division A
of the CARES Act (Public Law 116-136).
(c) Other Technical Correction to the Federal Food, Drug, and
Cosmetic Act.--Section 505B(f)(6)(I) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(f)(6)(I)) is amended by striking
``subsection (a)(3)(B)'' and inserting ``subsection (a)(4)(C)''.
TITLE III--FOOD AND DRUG ADMINISTRATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Food and Drug Omnibus Reform Act
of 2022''.
SEC. 3002. DEFINITION.
In this title, except as otherwise specified, the term
``Secretary'' means the Secretary of Health and Human Services.
Subtitle A--Reauthorizations
SEC. 3101. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE
PARTNERSHIP.
Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753 for the period
beginning on October 1, 2022 and ending on December 23, 2022'' and
inserting ``$6,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3102. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR CHILDREN
PROGRAM.
Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ``$5,273,973 for the period
beginning on October 1, 2022 and ending on December 23, 2022'' and
inserting ``$25,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3103. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION
INCENTIVE.
Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``December 24,
2022'' and inserting ``October 1, 2027''.
SEC. 3104. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM.
Section 305(e) of the Food and Drug Administration Amendments Act
of 2007 (Public Law 110-85; 42 U.S.C. 282 note) is amended by striking
``$1,107,534 for the period beginning on October 1, 2022, and ending on
December 23, 2022'' and inserting ``$7,000,000 for each of fiscal years
2023 through 2027''.
SEC. 3105. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING
SINGLE ENANTIOMERS.
Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(u)) is amended--
(1) in paragraph (1)(A)(ii)(II), by adding ``(other than
bioavailability studies)'' after ``any clinical
investigations''; and
(2) in paragraph (4), by striking ``December 24, 2022'' and
inserting ``October 1, 2027''.
SEC. 3106. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.
Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(g)(11)) is amended by striking ``December 24, 2022'' and
inserting ``October 1, 2027''.
SEC. 3107. REAUTHORIZATION OF ORPHAN DRUG GRANTS.
Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is amended--
(1) in subsection (a)--
(A) by striking ``and (3)'' and inserting ``(3)'';
and
(B) by inserting before the period at the end the
following: ``, and (4) developing regulatory science
pertaining to the chemistry, manufacturing, and
controls of individualized medical products to treat
individuals with rare diseases or conditions''; and
(2) in subsection (c), by striking ``$6,328,767 for the
period beginning on October 1, 2022, and ending on December 23,
2022'' and inserting ``$30,000,000 for each of fiscal years
2023 through 2027''.
SEC. 3108. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING
GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW
APPLICATIONS.
Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115-
52) is amended, in the matter preceding paragraph (1), by striking
``December 23, 2022'' and inserting ``October 1, 2027''.
SEC. 3109. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.
Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360m(c)) is amended by striking ``December 24, 2022'' and
inserting ``on October 1, 2027'' .
Subtitle B--Drugs and Biologics
CHAPTER 1--RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS
SEC. 3201. PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF APPROVED
APPLICATIONS FOR BIOLOGICAL PRODUCTS.
(a) In General.--Section 506I of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356i) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``The holder of an application approved under
subsection (c) or (j) of section 505'' and inserting
``The holder of an application approved under
subsection (c) or (j) of section 505 of this Act or
subsection (a) or (k) of section 351 of the Public
Health Service Act'';
(B) in paragraph (2), by striking ``established
name'' and inserting ``established name (or, in the
case of a biological product, the proper name)''; and
(C) in paragraph (3), by striking ``or abbreviated
application number'' and inserting ``, abbreviated
application number, or biologics license application
number''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``The holder of an application approved under
subsection (c) or (j)'' and inserting ``The holder of
an application approved under subsection (c) or (j) of
section 505 of this Act or subsection (a) or (k) of
section 351 of the Public Health Service Act'';
(B) in paragraph (1), by striking ``established
name'' and inserting ``established name (or, in the
case of a biological product, the proper name)''; and
(C) in paragraph (2), by striking ``or abbreviated
application number'' and inserting ``, abbreviated
application number, or biologics license application
number''.
(b) Additional One-Time Report.--Subsection (c) of section 506I of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356i) is amended to
read as follows:
``(c) Additional One-Time Report.--Within 180 days of the date of
enactment of the Food and Drug Omnibus Reform Act of 2022, all holders
of applications approved under subsection (a) or (k) of section 351 of
the Public Health Service Act shall review the information in the list
published under section 351(k)(9)(A) of the Public Health Service Act
and shall submit a written notice to the Secretary--
``(1) stating that all of the application holder's
biological products in the list published under such section
351(k)(9)(A) that are not listed as discontinued are available
for sale; or
``(2) including the information required pursuant to
subsection (a) or (b), as applicable, for each of the
application holder's biological products that are in the list
published under such section 351(k)(9)(A) and not listed as
discontinued, but have been discontinued from sale or never
have been available for sale.''.
(c) Purple Book.--Section 506I of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356i) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Failure To Meet Requirements.--If a holder of an approved
application fails to submit the information required under subsection
(a), (b), or (c), the Secretary may--
``(1) move the application holder's drugs from the active
section of the list published under section 505(j)(7)(A) to the
discontinued section of the list, except that the Secretary
shall remove from the list in accordance with section
505(j)(7)(C) drugs the Secretary determines have been withdrawn
from sale for reasons of safety or effectiveness; and
``(2) identify the application holder's biological products
as discontinued in the list published under section
351(k)(9)(A) of the Public Health Service Act, except that the
Secretary shall remove from the list in accordance with section
351(k)(9)(B) of such Act biological products for which the
license has been revoked or suspended for reasons of safety,
purity, or potency.''; and
(2) in subsection (e)--
(A) by inserting after the first sentence the
following: ``The Secretary shall update the list
published under section 351(k)(9)(A) of the Public
Health Service Act based on information provided under
subsections (a), (b), and (c) by identifying as
discontinued biological products that are not available
for sale, except that biological products for which the
license has been revoked or suspended for safety,
purity, or potency reasons shall be removed from the
list in accordance with section 351(k)(9)(B) of the
Public Health Service Act.'';
(B) by striking ``monthly updates to the list'' and
inserting ``monthly updates to the lists referred to in
the preceding sentences''; and
(C) by striking ``and shall update the list based
on'' and inserting ``and shall update such lists based
on''.
(d) Technical Corrections.--Section 506I(e) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356i(e)) is amended--
(1) by striking ``subsection 505(j)(7)(A)'' and inserting
``section 505(j)(7)(A)''; and
(2) by striking ``subsection 505(j)(7)(C)'' and inserting
``section 505(j)(7)(C)''.
SEC. 3202. IMPROVING THE TREATMENT OF RARE DISEASES AND CONDITIONS.
(a) Report on Orphan Drug Program.--
(1) In general.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
summarizing the activities of the Food and Drug Administration,
with respect to the period of fiscal years 2023 through fiscal
year 2025, related to designating drugs under section 526 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb) for
a rare disease or condition and approving such drugs under
section 505 of such Act (21 U.S.C. 355) or licensing such drugs
under section 351 of the Public Health Service Act (42 U.S.C.
262), including--
(A) the number of applications for such drugs under
section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) or section 351 of the Public Health
Service Act (42 U.S.C. 262) received by the Food and
Drug Administration, the number of such applications
accepted and rejected for filing, and the numbers of
such applications pending, approved, and for which a
complete response letter has been issued by the Food
and Drug Administration;
(B) the number of applications for which the
sponsor requested written recommendations pursuant to
section 525 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360aa) and the number of such applications
for which the sponsor received such written
recommendations;
(C) a description of trends in drug approvals for
rare diseases and conditions across review divisions at
the Food and Drug Administration;
(D) the extent to which the Food and Drug
Administration is consulting with external experts
pursuant to section 569(a)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-8(a)(2)) on
topics pertaining to drugs for a rare disease or
condition, including how and when any such consultation
is occurring;
(E) the number of applications for which the
Secretary allowed the sponsor to rely upon data and
information pursuant to section 529A of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff-1); and
(F) a description of the Food and Drug
Administration's efforts to promote best practices in
the development of novel treatments for rare diseases
or conditions, including--
(i) reviewer training on policies, methods,
and tools related to rare diseases and
conditions; and
(ii) new regulatory science and coordinated
support for patient and stakeholder engagement.
(2) Public availability.--The Secretary shall make the
report under paragraph (1) available to the public, including
by posting the report on the website of the Food and Drug
Administration.
(3) Information disclosure.--Nothing in this subsection
shall be construed to authorize the disclosure of information
that is prohibited from disclosure under section 301(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) or
section 1905 of title 18, United States Code, or subject to
withholding under paragraph (4) of section 552(b) of title 5,
United States Code (commonly referred to as the ``Freedom of
Information Act'').
(b) Guidance.--Not later than 9 months after the date of enactment
of this Act, the Secretary shall publish final guidance related to the
draft guidance titled, ``Rare Diseases: Common Issues in Drug
Development'', issued on February 1, 2019.
(c) Study on European Union Safety and Efficacy Reviews of Drugs
for Rare Diseases and Conditions.--
(1) In general.--The Secretary shall enter into a contract
with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ``National
Academies'') to conduct a study on processes for evaluating the
safety and efficacy of drugs for rare diseases or conditions in
the United States and the European Union, including--
(A) flexibilities, authorities, or mechanisms
available to regulators in the United States and the
European Union specific to rare diseases or conditions;
(B) the consideration and use of supplemental data
submitted during review processes in the United States
and the European Union, including data associated with
open label extension studies and expanded access
programs specific to rare diseases or conditions;
(C) an assessment of collaborative efforts between
United States and European Union regulators related
to--
(i) product development programs under
review;
(ii) policies under development and those
recently issued; and
(iii) scientific information related to
product development or regulation; and
(D) recommendations for how Congress can support
collaborative efforts described in subparagraph (C).
(2) Consultation.--The contract under paragraph (1) shall
provide for consultation with relevant stakeholders,
including--
(A) representatives from the Food and Drug
Administration and the European Medicines Agency;
(B) patients with rare diseases or conditions; and
(C) patient groups that--
(i) represent patients with rare diseases
or conditions; and
(ii) have international patient outreach.
(3) Report.--The contract under paragraph (1) shall provide
for, not later than 2 years after the date of entering into
such contract--
(A) the completion of the study under paragraph
(1); and
(B) the submission of a report on the results of
such study to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(4) Public availability.--The contract under paragraph (1)
shall provide for the National Academies to make the report
under paragraph (3) available to the public, including by
posting the report on the website of the National Academies.
(d) Public Meeting.--
(1) In general.--Not later than December 31, 2023, the
Secretary, acting through the Commissioner of Food and Drugs,
shall convene one or more public meetings to solicit input from
stakeholders regarding the approaches described in paragraph
(2).
(2) Approaches.--The public meeting or meetings under
paragraph (1) shall address approaches to increasing and
improving engagement with rare disease or condition patients,
groups representing such patients, rare disease or condition
experts, and experts on small population studies, in order to
improve the understanding with respect to rare diseases or
conditions of--
(A) patient burden;
(B) treatment options; and
(C) side effects of treatments, including
understanding the risks of side effects relative to the
health status of the patient and the progression of the
disease or condition.
(3) Public docket.--The Secretary shall establish a public
docket to receive written comments related to the approaches
addressed during each public meeting under paragraph (1). Such
public docket shall remain open for 60 days following the date
of each such public meeting.
(4) Reports.--Not later than 180 days after each public
meeting under paragraph (1), the Commissioner of Food and Drugs
shall develop and publish on the website of the Food and Drug
Administration a report on--
(A) the approaches discussed at the public meeting;
and
(B) any related recommendations.
(e) Consultation on the Science of Small Population Studies.--
Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-8(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) the science of small population studies.''.
(f) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, a report
assessing the policies, practices, and programs of the Food and
Drug Administration with respect to the review of applications
for approval of drugs under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) and licensing of
biological products under section 351 of the Public Health
Service Act (42 U.S.C. 262) intended to treat rare diseases and
conditions.
(2) Content of report.--The report under paragraph (1)
shall--
(A) describe the activities of the Food and Drug
Administration dedicated to the development and review
of drugs and biological products intended to treat rare
diseases and conditions under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
and section 351 of the Public Health Service Act (42
U.S.C. 262);
(B) describe challenges with developing and
obtaining approval or licensure of drugs and biological
products intended to treat rare diseases and
conditions, such as challenges related to designing and
conducting clinical trials, clinical trial subject
recruitment and enrollment, study endpoints, and
ensuring data quality, assessing the benefit-risk
profile of drugs and biological products intended to
treat rare diseases and conditions, and meeting
requirements for approval or licensure;
(C) assess the effectiveness of policies and
practices of the Food and Drug Administration related
to the review of applications for drugs and biological
products intended to treat rare diseases and
conditions, including--
(i) initiatives to support the development
and review of drugs and biological products
intended to treat rare diseases and conditions,
including initiatives related to regulatory
science, clinical trial design, statistical
analysis, and other relevant topics;
(ii) consideration of relevant patient-
focused drug development data and information,
including patient experience data and the views
of patients, pursuant to section 569C of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-8c);
(iii) training and other efforts to ensure
the expertise of personnel of the Food and Drug
Administration regarding the review of
applications for drugs and biological products
intended to treat rare diseases and conditions;
and
(iv) consultations and engagement with
stakeholders and external experts pursuant to
section 569 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-8);
(D) assess the extent to which the Food and Drug
Administration is applying the policies and practices
described in subparagraph (C) consistently across
review divisions, and the factors that influence the
extent to which such application is consistent; and
(E) include recommendations to address challenges
and deficiencies identified, including recommendations
to improve the effectiveness, consistency, and
coordination of policies, practices, and programs of
the Food and Drug Administration related to the review
of applications for drugs and biological products
intended to treat rare diseases and conditions.
(g) Definition.--In this section, the terms ``rare disease or
condition'', ``rare diseases or conditions'', and ``rare diseases and
conditions'' have the meaning given the term ``rare disease or
condition'' in section 526(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb(a)(2)).
SEC. 3203. EMERGING TECHNOLOGY PROGRAM.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
201 et seq.) is amended by inserting after section 566 of such Act (21
U.S.C. 360bbb-5) the following:
``SEC. 566A. EMERGING TECHNOLOGY PROGRAM.
``(a) Program Establishment.--
``(1) In general.--The Secretary shall establish a program
to support the adoption of, and improve the development of,
innovative approaches to drug design and manufacturing.
``(2) Actions.--In carrying out the program under paragraph
(1), the Secretary may--
``(A) facilitate and increase communication between
public and private entities, consortia, and individuals
with respect to innovative drug product design and
manufacturing;
``(B) solicit information regarding, and conduct or
support research on, innovative approaches to drug
product design and manufacturing;
``(C) convene meetings with representatives of
industry, academia, other Federal agencies,
international agencies, and other interested persons,
as appropriate;
``(D) convene working groups to support drug
product design and manufacturing research and
development;
``(E) support education and training for regulatory
staff and scientists related to innovative approaches
to drug product design and manufacturing;
``(F) advance regulatory science related to the
development and review of innovative approaches to drug
product design and manufacturing;
``(G) convene or participate in working groups to
support the harmonization of international regulatory
requirements related to innovative approaches to drug
product design and manufacturing; and
``(H) award grants or contracts to carry out or
support the program under paragraph (1).
``(3) Grants and contracts.--To seek a grant or contract
under this section, an entity shall submit an application--
``(A) in such form and manner as the Secretary may
require; and
``(B) containing such information as the Secretary
may require, including a description of--
``(i) how the entity will conduct the
activities to be supported through the grant or
contract; and
``(ii) how such activities will further
research and development related to, or
adoption of, innovative approaches to drug
product design and manufacturing.
``(b) Guidance.--The Secretary shall--
``(1) issue or update guidance to help facilitate the
adoption of, and advance the development of, innovative
approaches to drug product design and manufacturing; and
``(2) include in such guidance descriptions of--
``(A) any regulatory requirements related to the
development or review of technologies related to
innovative approaches to drug product design and
manufacturing, including updates and improvements to
such technologies after product approval; and
``(B) data that can be used to demonstrate the
identity, safety, purity, and potency of drugs
manufactured using such technologies.
``(c) Report to Congress.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report containing--
``(1) an annual accounting of the allocation of funds made
available to carry out this section;
``(2) a description of how Food and Drug Administration
staff were utilized to carry out this section and, as
applicable, any challenges or limitations related to staffing;
``(3) the number of public meetings held or participated in
by the Food and Drug Administration pursuant to this section,
including meetings convened as part of a working group
described in subparagraph (D) or (G) of subsection (a)(2), and
the topics of each such meeting; and
``(4) the number of drug products approved or licensed,
after the date of enactment of this section, using an
innovative approach to drug product design and
manufacturing.''.
SEC. 3204. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
(a) In General.--Section 3016 of the 21st Century Cures Act (21
U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
``(a) In General.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs--
``(1) may, to support the advancement, development, and
implementation of advanced and continuous pharmaceutical
manufacturing--
``(A) solicit requests for designation as National
Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing (in this section referred
to as a `National Center of Excellence');
``(B) beginning not later than one year after the
date of enactment of the Food and Drug Omnibus Reform
Act of 2022, designate as National Centers of
Excellence institutions of higher education or
consortia of institutions of higher education that--
``(i) request such designation; and
``(ii) meet the eligibility criteria
specified in subsection (c); and
``(C) award grants to such institutions or
consortia of institutions; and
``(2) shall so designate not more than 5 institutions of
higher education or consortia of such institutions.
``(b) Request for Designation.--A request for designation under
subsection (a) shall be made to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
``(c) Eligibility Criteria for Designation.--To be eligible to
receive a designation under this section, an institution of higher
education or consortium of institutions of higher education shall
include in its request for designation a description of the
institution's or consortium's--
``(1) physical capacity and technical capabilities to
conduct advanced research on, and to develop and implement,
advanced and continuous pharmaceutical manufacturing;
``(2) collaboration or partnerships with other institutions
of higher education, nonprofit organizations, and large and
small pharmaceutical manufacturers, including generic and
nonprescription manufacturers, contract manufacturers, and
other relevant entities;
``(3) proven capacity to design, develop, implement, and
demonstrate new, highly effective technologies for use in
advanced and continuous pharmaceutical manufacturing;
``(4) proven ability to facilitate training of a qualified
workforce for advanced research on, and development and
implementation of, advanced and continuous pharmaceutical
manufacturing; and
``(5)(A) experience in participating in and leading
advanced and continuous pharmaceutical manufacturing technology
partnerships with other institutions of higher education,
nonprofit organizations, and large and small pharmaceutical
manufacturers, including generic and nonprescription
manufacturers, contract manufacturers, and other relevant
entities to--
``(i) support the implementation of advanced or
continuous pharmaceutical manufacturing for companies
manufacturing or seeking to manufacture in the United
States;
``(ii) support Federal agencies with technical
assistance and workforce training, which may include
regulatory and quality metric guidance as applicable,
and hands-on training, for advanced and continuous
pharmaceutical manufacturing;
``(iii) organize and conduct advanced research and
development activities, with respect to advanced or
continuous pharmaceutical manufacturing, needed to
develop new and more effective technology, and to
develop and support technological leadership;
``(iv) develop best practices for designing,
developing, and implementing advanced and continuous
pharmaceutical manufacturing processes; and
``(v) identify and assess workforce needs for
advanced and continuous pharmaceutical manufacturing,
and address such workforce needs, which may include the
development and implementing of training programs; or
``(B) a plan, to be implemented within 2 years, to
establish partnerships described in subparagraph (A).
``(d) Termination of Designation.--The Secretary may terminate the
designation of any National Center of Excellence designated under this
section if the Secretary determines such National Center of Excellence
no longer meets the criteria specified in subsection (c). Not later
than 90 days before the effective date of such a termination, the
Secretary shall provide written notice to the National Center of
Excellence, including the rationale for such termination.
``(e) Conditions for Designation.--As a condition of designation as
a National Center of Excellence under this section, the Secretary shall
require that an institution of higher education or consortium of
institutions of higher education enter into an agreement with the
Secretary under which the institution or consortium agrees--
``(1) to collaborate directly with the Food and Drug
Administration to publish the reports required by subsection
(g);
``(2) to share data with the Food and Drug Administration
regarding best practices and research generated through the
funding under subsection (f);
``(3) to develop, along with industry partners (which may
include large and small pharmaceutical manufacturers, including
generic and nonprescription manufacturers, and contract
research organizations or contract manufacturers that carry out
drug development and manufacturing activities) and another
institution or consortium designated under this section, if
any, a strategic plan for developing an advanced and continuous
pharmaceutical manufacturing workforce;
``(4) to develop, along with industry partners and other
institutions or consortia of such institutions designated under
this section, a strategic plan for strengthening existing, and
developing new, partnerships with other institutions of higher
education or consortia thereof, or nonprofit organizations; and
``(5) to provide an annual report to the Food and Drug
Administration regarding the designee's activities under this
section, including a description of how the designee continues
to meet and make progress on the criteria specified in
subsection (c).
``(f) Funding.--
``(1) In general.--The Secretary shall award funding,
through grants, contracts, or cooperative agreements, to the
entities designated as National Centers of Excellence under
this section for the purposes of supporting the advanced
research on, and development and implementation of, advanced
and continuous pharmaceutical manufacturing, and recommending
improvements to advanced and continuous pharmaceutical
manufacturing, including--
``(A) expanding capacity for advanced research on,
and development of, advanced and continuous
pharmaceutical manufacturing; and
``(B) implementing advanced research capacity and
capabilities in advanced and continuous pharmaceutical
manufacturing suitable for accelerating the development
of drug products needed to respond to public health
threats, mitigate or prevent drug shortages, address
drug quality issues and supply chain disruptions, and
other circumstances with respect to which the Secretary
may determine the rapid development of new products or
new manufacturing processes may be appropriate.
``(2) Consistency with fda mission.--As a condition on
receipt of funding under this subsection, a National Center of
Excellence shall consider any input from the Secretary
regarding the use of funding related to--
``(A) best practices to increase, and provide for
the advancement of, advanced and continuous
pharmaceutical manufacturing through the National
Center of Excellence; and
``(B) the extent to which activities conducted by
the National Center of Excellence are consistent with
the mission of the Food and Drug Administration.
``(3) Rule of construction.--Nothing in this section shall
be construed as precluding a National Center for Excellence
designated under this section from receiving funds under any
other provision of this Act or any other Federal law.
``(g) Annual Review and Reports.--
``(1) Annual report to congress.--Beginning not later than
one year after the date on which the first designation is made
under subsection (a), and annually thereafter, the Secretary
shall--
``(A) submit to Congress a report describing the
activities, partnerships and collaborations, Federal
policy recommendations, previous and continuing
funding, and findings of, and any other applicable
information from, the National Centers of Excellence
designated under this section;
``(B) include in such report an accounting of the
Federal administrative expenses described in subsection
(i)(2) over the reporting period; and
``(C) make such report available to the public in
an easily accessible electronic format on the website
of the Food and Drug Administration.
``(2) Center of excellence report.--An entity receiving a
grant under this section shall, not later than 1 year after
receiving such grant, and annually thereafter for the duration
of the grant period, submit to the Secretary a summary of
programs and activities funded under the grant.
``(3) Periodic review.--The Secretary shall periodically
review the National Centers of Excellence designated under this
section to ensure that such National Centers of Excellence
continue to meet the criteria for designation under this
section.
``(4) Additional report to congress.--Not later than 1 year
after the date on which the first designation is made under
subsection (a), the Secretary, in consultation with the
National Centers of Excellence designated under this section,
shall submit a report to the Congress on the role of the Food
and Drug Administration in supporting advanced and continuous
pharmaceutical manufacturing, including--
``(A) a national framework of principles related to
the implementation of advanced and continuous
pharmaceutical manufacturing;
``(B) a plan for the development of Federal
regulations and guidance to support and facilitate the
incorporation of advanced or continuous manufacturing
into the development of pharmaceuticals;
``(C) a plan for development of Federal regulations
or guidance related to the review of advanced and
continuous pharmaceutical manufacturing, including how
such manufacturing practices may be incorporated into
the review of medical product applications; and
``(D) a summary of relevant feedback related to
improving advanced and continuous pharmaceutical
manufacturing solicited from the public, which may
include other institutions of higher education,
nonprofit organizations, and large and small
pharmaceutical manufacturers, including generic and
nonprescription manufacturers, and contract
manufacturers, and other relevant entities.
``(h) Definitions.--In this section:
``(1) Advanced and continuous pharmaceutical
manufacturing.--The term `advanced and continuous
pharmaceutical manufacturing' refers to a method of
pharmaceutical manufacturing, or a combination of
pharmaceutical manufacturing methods--
``(A) that incorporates a novel technology, or uses
an established technique or technology in a new or
innovative way, that enhances drug quality or improves
the manufacturing process for a drug, including
processes that may apply to advanced therapies and the
production of biological products, such as cell and
gene therapies; or
``(B) for which the input materials are
continuously fed into and transformed within the
process, and the output materials are continuously
removed from the system, utilizing an integrated
manufacturing process that consists of a series of 2 or
more simultaneous unit operations.
``(2) Biological product.--The term `biological product'
has the meaning given such term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
``(3) Drug.--The term `drug' has the meaning given such
term in section 201(g) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(g)).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $100,000,000 for the period of fiscal
years 2023 through 2027.
``(2) Federal administrative expenses.--Of the amounts made
available to carry out this section for a fiscal year, the
Secretary shall not use more than 8 percent for Federal
administrative expenses, including training, technical
assistance, reporting, and evaluation.''.
(b) Transition Rule.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h), as in effect on the day before the date of the
enactment of this section, shall apply with respect to grants awarded
under such section before such date of enactment.
(c) Clerical Amendment.--The item relating to section 3016 in the
table of contents in section 1(b) of the 21st Century Cures Act (Public
Law 114-255) is amended to read as follows:
``Sec. 3016. National Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing.''.
SEC. 3205. PUBLIC WORKSHOP ON CELL THERAPIES.
Not later than 3 years after the date of the enactment of this Act,
the Secretary, acting through the Commissioner of Food and Drugs, shall
convene a public workshop with relevant stakeholders to discuss best
practices on generating scientific data necessary to further facilitate
the development of certain human cell-, tissue-, and cellular-based
medical products (and the latest scientific information about such
products) that are regulated as drugs under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) and biological products under
section 351 of the Public Health Service Act (42 U.S.C. 262), namely,
stem cell and other cellular therapies.
SEC. 3206. CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST
INTERCHANGEABLE BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 351(k)(6) of the Public Health Service Act (42 U.S.C.
262(k)(6)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``Upon review of'' and inserting
``The Secretary shall not make approval as an
interchangeable biological product effective with
respect to'';
(B) by striking ``relying on'' and inserting ``that
relies on''; and
(C) by striking ``the Secretary shall not make a
determination under paragraph (4) that the second or
subsequent biological product is interchangeable for
any condition of use''; and
(2) in the flush text that follows subparagraph (C)(ii), by
striking ``taken.'' and inserting ``taken, and the term `first
interchangeable biosimilar biological product' means any
interchangeable biosimilar biological product that is approved
on the first day on which such a product is approved as
interchangeable with the reference product.''.
SEC. 3207. GAO REPORT ON NONPROFIT PHARMACEUTICAL ORGANIZATIONS.
(a) GAO Review.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
prepare a report on--
(1) what is known about nonprofit pharmaceutical
manufacturing organizations, including the impact of such
organizations on the development, availability, and cost of
prescription drugs in the United States, which may include
information with respect to the capacity and capability to help
prevent or mitigate shortages of such drugs, and any challenges
to manufacturing or other operations; and
(2) recommendations to address such challenges.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit the report described in
subsection (a) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives.
SEC. 3208. RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.
(a) In General.--The Secretary shall establish a pilot program
under which the Secretary establishes procedures to provide increased
interaction with sponsors of rare disease drug development programs for
purposes of advancing the development of efficacy endpoints, including
surrogate and intermediate endpoints, for drugs intended to treat rare
diseases, including through--
(1) determining eligibility of participants for such
program; and
(2) developing and implementing a process for applying to,
and participating in, such a program.
(b) Public Workshops.--The Secretary shall conduct up to 3 public
workshops, which shall be completed not later than September 30, 2026,
to discuss topics relevant to the development of endpoints for rare
diseases, which may include discussions about--
(1) novel endpoints developed through the pilot program
established under this section; and
(2) as appropriate, the use of real world evidence and real
world data to support the validation of efficacy endpoints,
including surrogate and intermediate endpoints, for rare
diseases.
(c) Reports.--
(1) Interim report.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the completed and ongoing activities in the pilot
program established under this section and public workshops
described in subsection (b).
(2) Final report.--Not later than September 30, 2027, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the outcomes of the pilot program established under
this section.
(d) Guidance.--Not later than September 30, 2027, the Secretary
shall issue guidance describing best practices and strategies for
development of efficacy endpoints, including surrogate and intermediate
endpoints, for rare diseases.
(e) Sunset.--The Secretary may not accept any new application or
request to participate in the program established by this section on or
after October 1, 2027.
SEC. 3209. ANIMAL TESTING ALTERNATIVES.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
(1) in subsection (i)--
(A) in paragraph (1)(A), by striking ``preclinical
tests (including tests on animals)'' and inserting
``nonclinical tests''; and
(B) in paragraph (2)(B), by striking ``animal'' and
inserting ``nonclinical tests''; and
(2) by inserting after subsection (y) the following:
``(z) Nonclinical Test Defined.--For purposes of this section, the
term `nonclinical test' means a test conducted in vitro, in silico, or
in chemico, or a nonhuman in vivo test, that occurs before or during
the clinical trial phase of the investigation of the safety and
effectiveness of a drug. Such test may include the following:
``(1) Cell-based assays.
``(2) Organ chips and microphysiological systems.
``(3) Computer modeling.
``(4) Other nonhuman or human biology-based test methods,
such as bioprinting.
``(5) Animal tests.''.
(b) Biosimilar Biological Product Applications.--Item (bb) of
section 351(k)(2)(A)(i)(I) of the Public Health Service Act (42 U.S.C.
262(k)(2)(A)(i)(I)) is amended to read as follows:
``(bb) an assessment of
toxicity (which may rely on, or
consist of, a study or studies
described in item (aa) or
(cc)); and''.
SEC. 3210. MODERNIZING ACCELERATED APPROVAL.
(a) In General.--Section 506(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356(c)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly;
(B) by striking ``Approval of a product'' and
inserting the following:
``(A) In general.--Approval of a product'';
(C) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``appropriate postapproval
studies'' and inserting ``an appropriate postapproval
study or studies''; and
(D) by adding at the end the following:
``(B) Studies not required.--If the Secretary does
not require that the sponsor of a product approved
under accelerated approval conduct a postapproval study
under this paragraph, the Secretary shall publish on
the website of the Food and Drug Administration the
rationale for why such study is not appropriate or
necessary.
``(C) Postapproval study conditions.--Not later
than the date of approval of a product under
accelerated approval, the Secretary shall specify the
conditions for a postapproval study or studies required
to be conducted under this paragraph with respect to
such product, which may include enrollment targets, the
study protocol, and milestones, including the target
date of study completion.
``(D) Studies begun before approval.--The Secretary
may require, as appropriate, a study or studies to be
underway prior to approval, or within a specified time
period after the date of approval, of the applicable
product.''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``(as prescribed by the Secretary in
regulations which shall include an opportunity for an
informal hearing)'' and inserting ``described in
subparagraph (B)'';
(B) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively and adjusting
the margins accordingly;
(C) by striking ``The Secretary may'' and inserting
the following:
``(A) In general.--The Secretary may'';
(D) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``drug with due diligence''
and inserting ``product with due diligence, including
with respect to conditions specified by the Secretary
under paragraph (2)(C)'';
(E) in clause (iii) of such subparagraph (A), as so
redesignated, by inserting ``shown to be'' after
``product is not''; and
(F) by adding at the end the following:
``(B) Expedited procedures described.--Expedited
procedures described in this subparagraph shall consist
of, prior to the withdrawal of accelerated approval--
``(i) providing the sponsor with--
``(I) due notice;
``(II) an explanation for the
proposed withdrawal;
``(III) an opportunity for a
meeting with the Commissioner or the
Commissioner's designee; and
``(IV) an opportunity for written
appeal to--
``(aa) the Commissioner; or
``(bb) a designee of the
Commissioner who has not
participated in the proposed
withdrawal of approval (other
than a meeting pursuant to
subclause (III)) and is not
subordinate of an individual
(other than the Commissioner)
who participated in such
proposed withdrawal;
``(ii) providing an opportunity for public
comment on the proposal to withdraw approval;
``(iii) the publication of a summary of the
public comments received, and the Secretary's
response to such comments, on the website of
the Food and Drug Administration; and
``(iv) convening and consulting an advisory
committee on issues related to the proposed
withdrawal, if requested by the sponsor and if
no such advisory committee has previously
advised the Secretary on such issues with
respect to the withdrawal of the product prior
to the sponsor's request.''.
(b) Reports of Postmarketing Studies.--Section 506B(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356b(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Accelerated approval.--Notwithstanding paragraph (1),
a sponsor of a drug approved pursuant to accelerated approval
shall submit to the Secretary a report of the progress of any
study required under section 506(c), including progress toward
enrollment targets, milestones, and other information as
required by the Secretary, not later than 180 days after the
approval of such drug and not less frequently than every 180
days thereafter, until the study is completed or terminated.
The Secretary shall promptly publish on the website of the Food
and Drug Administration, in an easily searchable format, the
information reported under this paragraph.''.
(c) Enforcement.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331), as amended by title II, is further
amended by adding at the end the following:
``(ggg) The failure of a sponsor of a product approved under
accelerated approval pursuant to section 506(c)--
``(1) to conduct with due diligence any postapproval study
required under section 506(c) with respect to such product; or
``(2) to submit timely reports with respect to such product
in accordance with section 506B(a)(2).''.
(d) Guidance.--
(1) In general.--The Secretary shall issue guidance
describing--
(A) how sponsor questions related to the
identification of novel surrogate or intermediate
clinical endpoints may be addressed in early-stage
development meetings with the Food and Drug
Administration;
(B) the use of novel clinical trial designs that
may be used to conduct appropriate postapproval studies
as may be required under section 506(c)(2)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356(c)(2)(A)), as amended by subsection (a);
(C) the expedited procedures described in section
506(c)(3)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356(c)(3)(B)); and
(D) considerations related to the use of surrogate
or intermediate clinical endpoints that may support the
accelerated approval of an application under
506(c)(1)(A) of such Act (21 U.S.C. 356(c)(1)(A)),
including considerations in evaluating the evidence
related to any such endpoints.
(2) Final guidance.--The Secretary shall issue--
(A) draft guidance under paragraph (1) not later
than 18 months after the date of enactment of this Act;
and
(B) final guidance not later than 1 year after the
close of the public comment period on such draft
guidance.
(e) Accelerated Approval Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an intra-
agency coordinating council (referred to in this subsection as
the ``Council'') within the Food and Drug Administration to
ensure the consistent and appropriate use of accelerated
approval across the Food and Drug Administration, pursuant to
section 506(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356(c)).
(2) Membership.--The members of the Council shall consist
of the following senior officials, or a designee of such
official, from the Food and Drug Administration and relevant
Centers:
(A) The Director of the Center for Drug Evaluation
and Research.
(B) The Director of the Center for Biologics
Evaluation and Research.
(C) The Director of the Oncology Center of
Excellence.
(D) The Director of the Office of New Drugs.
(E) The Director of the Office of Orphan Products
Development.
(F) The Director of the Office of Tissues and
Advanced Therapies.
(G) The Director of the Office of Medical Policy.
(H) At least 3 directors of review divisions or
offices overseeing products approved under accelerated
approval, including at least one director within the
Office of Neuroscience.
(3) Duties of the council.--
(A) Meetings.--The Council shall convene not fewer
than 3 times per calendar year to discuss issues
related to accelerated approval, including any relevant
cross-disciplinary approaches related to product review
with respect to accelerated approval.
(B) Policy development.--The Council shall directly
engage with product review teams to support the
consistent and appropriate use of accelerated approval
across the Food and Drug Administration. Such
engagement may include--
(i) developing guidance for Food and Drug
Administration staff and best practices for,
and across, product review teams, including
with respect to communication between sponsors
and the Food and Drug Administration and the
review of products under accelerated approval;
(ii) providing training for product review
teams; and
(iii) advising review divisions on best
practices with respect to product-specific
development, review, and withdrawal of products
under accelerated approval.
(4) Publication of a report.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Council shall publish on the public website of the Food and
Drug Administration a report on the activities of the Council.
(f) Rule of Construction.--Nothing in this section (including the
amendments made by this section) shall be construed to affect ongoing
withdrawal proceedings for products approved pursuant to section 506(c)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)) for
which a notice of proposed withdrawal has been published in the Federal
Register prior to the date of enactment of this Act. Such proceedings
may continue under procedures in effect prior to the date of enactment
of this Act.
SEC. 3211. ANTIFUNGAL RESEARCH AND DEVELOPMENT.
(a) Draft Guidance.--Not later than 3 years after the date of
enactment of this Act, the Secretary, acting through the Commissioner
of Food and Drugs, shall issue draft guidance for industry for the
purposes of assisting entities seeking approval under section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensure
under section 351 of the Public Health Service Act (42 U.S.C. 262) of
antifungal therapies designed to treat coccidioidomycosis (commonly
known as Valley Fever).
(b) Final Guidance.--Not later than 18 months after the close of
the public comment period on the draft guidance issued pursuant to
subsection (a), the Secretary, acting through the Commissioner of Food
and Drugs, shall finalize the draft guidance.
(c) Workshop.--To assist entities developing preventive vaccines
for fungal infections and coccidioidomycosis, the Secretary shall hold
a public workshop.
SEC. 3212. ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT INNOVATION.
(a) In General.--Section 505E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355f) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``; or'' and
inserting ``;'';
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) an application pursuant to section 351(a) of the
Public Health Service Act.'';
(2) in subsection (d)(1), by inserting ``of this Act or
section 351(a) of the Public Health Service Act'' after
``section 505(b)''; and
(3) by amending subsection (g) to read as follows:
``(g) Qualified Infectious Disease Product.--The term `qualified
infectious disease product' means a drug (including a biological
product), including an antibacterial or antifungal drug, for human use
that--
``(1) acts on bacteria or fungi or on substances produced
by such bacteria or fungi; and
``(2) is intended to treat a serious or life-threatening
infection, including such an infection caused by--
``(A) an antibacterial or antifungal resistant
pathogen, including novel or emerging infectious
pathogens; or
``(B) qualifying pathogens listed by the Secretary
under subsection (f).''.
(b) Priority Review.--Section 524A(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by inserting ``of
this Act, or section 351(a) of the Public Health Service Act, that
requires clinical data (other than bioavailability studies) to
demonstrate safety or effectiveness'' before the period.
SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.), as amended by title II, is further amended
by inserting after section 506K the following:
``SEC. 506L. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall initiate a program under
which persons may request designation of an advanced manufacturing
technology as described in subsection (b).
``(b) Designation Process.--The Secretary shall establish a process
for the designation under this section of methods of manufacturing
drugs, including biological products, and active pharmaceutical
ingredients of such drugs, as advanced manufacturing technologies. A
method of manufacturing, or a combination of manufacturing methods, is
eligible for designation as an advanced manufacturing technology if
such method or combination of methods incorporates a novel technology,
or uses an established technique or technology in a novel way, that
will substantially improve the manufacturing process for a drug while
maintaining equivalent, or providing superior, drug quality, including
by--
``(1) reducing development time for a drug using the
designated manufacturing method; or
``(2) increasing or maintaining the supply of--
``(A) a drug that is life-supporting, life-
sustaining, or of critical importance to providing
health care; or
``(B) a drug that is on the drug shortage list
under section 506E.
``(c) Evaluation and Designation of an Advanced Manufacturing
Technology.--
``(1) Submission.--A person who requests designation of a
method of manufacturing as an advanced manufacturing technology
under this section shall submit to the Secretary data or
information demonstrating that the method of manufacturing
meets the criteria described in subsection (b) in a particular
context of use. The Secretary may facilitate the development
and review of such data or information by--
``(A) providing timely advice to, and interactive
communication with, such person regarding the
development of the method of manufacturing; and
``(B) involving senior managers and experienced
staff of the Food and Drug Administration, as
appropriate, in a collaborative, cross-disciplinary
review of the method of manufacturing, as applicable.
``(2) Evaluation and designation.--Not later than 180
calendar days after the receipt of a request under paragraph
(1), the Secretary shall determine whether to designate such
method of manufacturing as an advanced manufacturing
technology, in a particular context of use, based on the data
and information submitted under paragraph (1) and the criteria
described in subsection (b).
``(d) Review of Advanced Manufacturing Technologies.--If the
Secretary designates a method of manufacturing as an advanced
manufacturing technology, the Secretary shall--
``(1) expedite the development and review of an application
submitted under section 505 of this Act or section 351 of the
Public Health Service Act, including supplemental applications,
for drugs that are manufactured using a designated advanced
manufacturing technology; and
``(2) allow the holder of an advanced technology
designation, or a person authorized by the advanced
manufacturing technology designation holder, to reference or
rely upon, in an application submitted under section 505 of
this Act or section 351 of the Public Health Service Act,
including a supplemental application, data and information
about the designated advanced manufacturing technology for use
in manufacturing drugs in the same context of use for which the
designation was granted.
``(e) Implementation and Evaluation of Advanced Manufacturing
Technologies Program.--
``(1) Public meeting.--The Secretary shall publish in the
Federal Register a notice of a public meeting, to be held not
later than 180 days after the date of enactment of this
section, to discuss, and obtain input and recommendations from
relevant stakeholders regarding--
``(A) the goals and scope of the program under this
section, and the framework, procedures, and
requirements suitable for such program; and
``(B) ways in which the Food and Drug
Administration will support the use of advanced
manufacturing technologies and other innovative
manufacturing approaches for drugs.
``(2) Program guidance.--
``(A) In general.--The Secretary shall--
``(i) not later than 180 days after the
public meeting under paragraph (1), issue draft
guidance regarding the goals and implementation
of the program under this section; and
``(ii) not later than 2 years after the
date of enactment of this section, issue final
guidance regarding the implementation of such
program.
``(B) Content.--The guidance described in
subparagraph (A) shall address--
``(i) the process by which a person may
request a designation under subsection (b);
``(ii) the data and information that a
person requesting such a designation is
required to submit under subsection (c), and
how the Secretary intends to evaluate such
submissions;
``(iii) the process to expedite the
development and review of applications under
subsection (d); and
``(iv) the criteria described in subsection
(b) for eligibility for such a designation.
``(3) Report.--Not later than 3 years after the date of
enactment of this section and annually thereafter, the
Secretary shall publish on the website of the Food and Drug
Administration and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
containing a description and evaluation of the program being
conducted under this section, including the types of innovative
manufacturing approaches supported under the program. Such
report shall include the following:
``(A) The number of persons that have requested
designations and that have been granted designations.
``(B) The number of methods of manufacturing that
have been the subject of designation requests and that
have been granted designations.
``(C) The average number of calendar days for
completion of evaluations under subsection (c)(2).
``(D) An analysis of the factors in data
submissions that result in determinations to designate
and not to designate after evaluation under subsection
(c)(2).
``(E) The number of applications received under
section 505 of this Act or section 351 of the Public
Health Service Act, including supplemental
applications, that have included an advanced
manufacturing technology designated under this section,
and the number of such applications approved.
``(f) Sunset.--The Secretary--
``(1) may not consider any requests for designation
submitted under subsection (c) after October 1, 2032; and
``(2) may continue all activities under this section with
respect to advanced manufacturing technologies that were
designated pursuant to subsection (b) prior to such date, if
the Secretary determines such activities are in the interest of
the public health.''.
CHAPTER 2--TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS
SEC. 3221. SAFER DISPOSAL OF OPIOIDS.
Section 505-1(e)(4)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355-1(e)(4)(B)) is amended by striking ``for purposes of
rendering drugs nonretrievable (as defined in section 1300.05 of title
21, Code of Federal Regulations (or any successor regulation))''.
SEC. 3222. THERAPEUTIC EQUIVALENCE EVALUATIONS.
Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(7)(A)) is amended by adding at the end the following:
``(v)(I) With respect to an application submitted pursuant to
subsection (b)(2) for a drug that is subject to section 503(b) for
which the sole difference from a listed drug relied upon in the
application is a difference in inactive ingredients not permitted under
clause (iii) or (iv) of section 314.94(a)(9) of title 21, Code of
Federal Regulations (or any successor regulations), the Secretary shall
make an evaluation with respect to whether such drug is a therapeutic
equivalent (as defined in section 314.3 of title 21, Code of Federal
Regulations (or any successor regulations)) to another approved drug
product in the prescription drug product section of the list under this
paragraph as follows:
``(aa) With respect to such an application submitted after
the date of enactment of the Food and Drug Omnibus Reform Act
of 2022, the evaluation shall be made with respect to a listed
drug relied upon in the application pursuant to subsection
(b)(2) that is a pharmaceutical equivalent (as defined in
section 314.3 of title 21, Code of Federal Regulations (or any
successor regulations)) to the drug in the application pursuant
to subsection (b)(2) at the time of approval of such
application or not later than 180 days after the date of such
approval, provided that the request for such an evaluation is
made in the original application (or in a resubmission to a
complete response letter), and all necessary data and
information are submitted in the original application (or in a
resubmission in response to a complete response letter) for the
therapeutic equivalence evaluation, including information to
demonstrate bioequivalence, in a form and manner prescribed by
the Secretary.
``(bb) With respect to such an application approved prior
to or on the date of enactment of the Food and Drug Omnibus
Reform Act of 2022, the evaluation shall be made not later than
180 days after receipt of a request for a therapeutic
equivalence evaluation submitted as part of a supplement to
such application; or with respect to an application that was
submitted prior to the date of enactment of the Food and Drug
Omnibus Reform Act of 2022 but not approved as of the date of
enactment of such Act, the evaluation shall be made not later
than 180 days after the date of approval of such application if
a request for such evaluation is submitted as an amendment to
the application, provided that--
``(AA) such request for a therapeutic equivalence
evaluation is being sought with respect to a listed
drug relied upon in the application, and the relied
upon listed drug is in the prescription drug product
section of the list under this paragraph and is a
pharmaceutical equivalent (as defined in section 314.3
of title 21, Code of Federal Regulations (or any
successor regulations)) to the drug for which a
therapeutic equivalence evaluation is sought; and
``(BB) the amendment or supplement, as applicable,
containing such request, or the relevant application,
includes all necessary data and information for the
therapeutic equivalence evaluation, including
information to demonstrate bioequivalence, in a form
and manner prescribed by the Secretary.
``(II) When the Secretary makes an evaluation under subclause (I),
the Secretary shall, in revisions made to the list pursuant to clause
(ii), include such information for such drug.''.
SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY VENDORS.
(a) In General.--
(1) Opening public docket.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall open a
single public docket to solicit comments on factors that
generally should be considered by the Secretary when reviewing
requests from sponsors of drugs subject to risk evaluation and
mitigation strategies to change third-party vendors engaged by
sponsors to aid in implementation and management of the
strategies.
(2) Factors.--Such factors include the potential effects of
changes in third-party vendors on--
(A) patient access; and
(B) prescribing and administration of the drugs by
health care providers.
(3) Closing public docket.--The Secretary may close such
public docket not earlier than 90 days after such docket is
opened.
(4) No delay.--Nothing in this section shall delay agency
action on any modification to a risk evaluation and mitigation
strategy.
(b) GAO Report.--Not later than December 31, 2026, the Comptroller
General of the United States shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report on--
(1) the number of changes in third-party vendors (engaged
by sponsors to aid implementation and management of risk
evaluation and mitigation strategies) for an approved risk
evaluation and mitigation strategy the Secretary has approved
under section 505-1(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355-1(h));
(2) any issues affecting patient access to the drug that is
subject to the strategy or considerations with respect to the
administration or prescribing of such drug by health care
providers that arose as a result of such changes; and
(3) how such issues were resolved, as applicable.
SEC. 3224. ENHANCING ACCESS TO AFFORDABLE MEDICINES.
Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(10)(A)) is amended by striking clauses (i) through
(iii) and inserting the following:
``(i) a revision to the labeling of the listed drug has
been approved by the Secretary within 90 days of when the
application is otherwise eligible for approval under this
subsection;
``(ii) the sponsor of the application agrees to submit
revised labeling for the drug that is the subject of the
application not later than 60 days after approval under this
subsection of the application;
``(iii) the labeling revision described under clause (i)
does not include a change to the `Warnings' section of the
labeling; and''.
Subtitle C--Medical Devices
SEC. 3301. DUAL SUBMISSION FOR CERTAIN DEVICES.
Section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360c) is amended by adding at the end the following:
``(k) For a device authorized for emergency use under section 564
for which, in accordance with section 564(m), the Secretary has deemed
a laboratory examination or procedure associated with such device to be
in the category of examinations and procedures described in section
353(d)(3) of the Public Health Service Act, the sponsor of such device
may, when submitting a request for classification under section
513(f)(2), submit a single submission containing--
``(1) the information needed for such a request; and
``(2) sufficient information to enable the Secretary to
determine whether such laboratory examination or procedure
satisfies the criteria to be categorized under section
353(d)(3) of the Public Health Service Act.''.
SEC. 3302. MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.
(a) In General.--The Secretary shall convene one or more panels of
the Medical Devices Advisory Committee not less than once per year for
the purpose of providing advice to the Secretary on topics related to
medical devices used in pandemic preparedness and response, including
topics related to in vitro diagnostics.
(b) Required Panel Member.--A panel convened under subsection (a)
shall include at least 1 population health-specific representative.
(c) Sunset.--This section shall cease to be effective on October 1,
2027.
SEC. 3303. GAO REPORT ON THIRD-PARTY REVIEW.
Not later than September 30, 2026, the Comptroller General of the
United States shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the third-party review
program under section 523 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m). Such report shall include--
(1) a description of the financial and staffing resources
used to carry out such program;
(2) a description of actions taken by the Secretary
pursuant section 523(b)(2)(C) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360m(b)(2)(C)); and
(3) the results of an audit of the performance of select
persons accredited under such program.
SEC. 3304. CERTIFICATES TO FOREIGN GOVERNMENTS.
Section 801(e)(4) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 381(e)(4)) is amended--
(1) in subparagraph (E), by striking clause (iii); and
(2) by adding at the end the following:
``(F)(i) This paragraph applies to requests for certification under
this subparagraph of a device manufactured by a device establishment
located outside of the United States that is registered under section
510, if the device is listed pursuant to section 510(j), the device has
been cleared, approved, or is not required to submit a premarket report
pursuant to subsection (l) or (m) of section 510, and the device is
imported or offered for import into the United States.
``(ii) The Secretary shall issue the certification as described in
clause (iii) if the device or devices for which certification is
requested under this subparagraph meet the applicable requirements of
this Act.
``(iii)(I) A certification for a device described in clause (i)
shall be subject to the fee described in subparagraph (B).
``(II) Notwithstanding subparagraph (C), a certification for a
device described in clause (i) shall address and include the same
material information as a `Certificate to Foreign Government' and shall
have a document title including the words `Certificate to Foreign
Government'.
``(iv) The requirements and procedures of subparagraph (E) shall
apply to a denial of a certification under this subparagraph.''.
SEC. 3305. ENSURING CYBERSECURITY OF MEDICAL DEVICES.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``SEC. 524B. ENSURING CYBERSECURITY OF DEVICES.
``(a) In General.--A person who submits an application or
submission under section 510(k), 513, 515(c), 515(f), or 520(m) for a
device that meets the definition of a cyber device under this section
shall include such information as the Secretary may require to ensure
that such cyber device meets the cybersecurity requirements under
subsection (b).
``(b) Cybersecurity Requirements.--The sponsor of an application or
submission described in subsection (a) shall--
``(1) submit to the Secretary a plan to monitor, identify,
and address, as appropriate, in a reasonable time, postmarket
cybersecurity vulnerabilities and exploits, including
coordinated vulnerability disclosure and related procedures;
``(2) design, develop, and maintain processes and
procedures to provide a reasonable assurance that the device
and related systems are cybersecure, and make available
postmarket updates and patches to the device and related
systems to address--
``(A) on a reasonably justified regular cycle,
known unacceptable vulnerabilities; and
``(B) as soon as possible out of cycle, critical
vulnerabilities that could cause uncontrolled risks;
``(3) provide to the Secretary a software bill of
materials, including commercial, open-source, and off-the-shelf
software components; and
``(4) comply with such other requirements as the Secretary
may require through regulation to demonstrate reasonable
assurance that the device and related systems are cybersecure.
``(c) Definition.--In this section, the term `cyber device' means a
device that--
``(1) includes software validated, installed, or authorized
by the sponsor as a device or in a device;
``(2) has the ability to connect to the internet; and
``(3) contains any such technological characteristics
validated, installed, or authorized by the sponsor that could
be vulnerable to cybersecurity threats.
``(d) Exemption.--The Secretary may identify devices, or categories
or types of devices, that are exempt from meeting the cybersecurity
requirements established by this section and regulations promulgated
pursuant to this section. The Secretary shall publish in the Federal
Register, and update, as appropriate, a list of the devices, or
categories or types of devices, so identified by the Secretary.''.
(b) Prohibited Act.--Section 301(q) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(q)) is amended by adding at the end the
following:
``(3) The failure to comply with any requirement under section
524B(b)(2) (relating to ensuring device cybersecurity).''.
(c) Rule of Construction.--Nothing in this section, including the
amendments made by this section, shall be construed to affect the
Secretary's authority related to ensuring that there is a reasonable
assurance of the safety and effectiveness of devices, which may include
ensuring that there is a reasonable assurance of the cybersecurity of
certain cyber devices, including for devices approved or cleared prior
to the date of enactment of this Act.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 90 days after the date of enactment of this Act. An
application or submission submitted before such effective date shall
not be subject to the requirements under subsection (a) or (b) of
section 524B of the Federal Food, Drug, and Cosmetic Act, as added by
this section.
(e) Guidance for Industry and FDA Staff on Device Cybersecurity.--
Not later than 2 years after the date of enactment of this Act, and
periodically thereafter as appropriate, the Secretary, in consultation
with the Director of the Cybersecurity and Infrastructure Security
Agency, shall review and, as appropriate and after soliciting and
receiving feedback from device manufacturers, health care providers,
third-party-device servicers, patient advocates, and other appropriate
stakeholders, update the guidance entitled ``Content of Premarket
Submissions for Management of Cybersecurity in Medical Devices'' (or a
successor document).
(f) Resources Regarding Cybersecurity of Devices.--Not later than
180 days after the date of enactment of this Act, and not less than
annually thereafter, the Secretary shall update public information
provided by the Food and Drug Administration, including on the website
of the Food and Drug Administration, with information regarding
improving cybersecurity of devices. Such information shall include
information on identifying and addressing cyber vulnerabilities for
health care providers, health systems, and device manufacturers, and
how such entities may access support through the Cybersecurity and
Infrastructure Security Agency and other Federal entities, including
the Department of Health and Human Services, to improve the
cybersecurity of devices.
(g) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall publish
a report identifying challenges in cybersecurity for devices, including
legacy devices that may not support certain software security updates.
Through such report, the Comptroller General shall examine--
(1) challenges for device manufacturers, health care
providers, health systems, and patients in accessing Federal
support to address vulnerabilities across Federal agencies;
(2) how Federal agencies can strengthen coordination to
better support cybersecurity for devices; and
(3) statutory limitations and opportunities for improving
cybersecurity for devices.
(h) Definition.--In this section, the term ``device'' has the
meaning given such term in section 201(h) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(h)).
SEC. 3306. BANS OF DEVICES FOR ONE OR MORE INTENDED USES.
(a) In General.--Section 516(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360f(a)) is amended--
(1) in paragraph (1), by inserting ``for one or more
intended uses'' before the semicolon at the end; and
(2) in the matter following paragraph (2), by inserting
``or to make such intended use or uses a banned intended use or
uses. A device that is banned for one or more intended uses is
not a legally marketed device under section 1006 when intended
for such use or uses'' after ``banned device''.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to amend, in
accordance with section 516 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360f), as amended by this section, and chapter 5 of title 5,
United States Code, regulations promulgated pursuant to such section
516, as amended by this section.
SEC. 3307. THIRD PARTY DATA TRANSPARENCY.
(a) In General.--To the extent the Secretary relies on any data,
analysis, or other information or findings provided by entities that
has been funded in whole or in part by, or otherwise performed under
contract with, the Food and Drug Administration, in regulatory
decision-making with respect to devices, the Secretary shall--
(1) request access to the datasets, inputs, clinical or
other assumptions, methods, analytical code, results, and other
components underlying or comprising the analysis, conclusions,
or other findings upon which the Secretary seeks to rely; and
(2) in the event that information described in paragraph
(1) is used to support regulatory decision-making, and as
otherwise appropriate, to the extent practicable, provide the
manufacturer or manufacturers subject to such decision a
summary of such information, subject to protection of
confidential commercial information or trade secret information
or personally identifiable information.
(b) Report.--Not later than September 30, 2023, and biennially
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives, and publish on the
website of the Food and Drug Administration, a report on the number of
postmarket device signals communications issued by the Secretary, the
sources of data for such signals, and how such signals were revised or
resolved.
(c) Rule of Construction.--Nothing in this section shall be
construed to require the delay of any regulatory decision-making or
other action of the Food and Drug Administration.
SEC. 3308. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515B
(21 U.S.C. 360e-3) the following:
``SEC. 515C. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
``(a) Approved Devices.--
``(1) In general.--Notwithstanding section 515(d)(5)(A), a
supplemental application shall not be required for a change to
a device approved under section 515, if such change is
consistent with a predetermined change control plan that is
approved pursuant to paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
approve a predetermined change control plan submitted in an
application, including a supplemental application, under
section 515 that describes planned changes that may be made to
the device (and that would otherwise require a supplemental
application under section 515), if the device remains safe and
effective without any change.
``(3) Scope.--The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such plan,
notification requirements if the device does not function as
intended pursuant to such plan, and performance requirements
for changes made under the plan.
``(b) Cleared Devices.--
``(1) In general.--Notwithstanding section 510(k), a
premarket notification shall not be required for a change to a
device cleared under section 510(k), if such change is
consistent with an established predetermined change control
plan granted pursuant to paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
clear a predetermined change control plan submitted in a
notification submitted under section 510(k) that describes
planned changes that may be made to the device (and that would
otherwise require a new notification), if--
``(A) the device remains safe and effective without
any such change; and
``(B) the device would remain substantially
equivalent to the predicate.
``(3) Scope.--The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such plan,
notification requirements if the device does not function as
intended pursuant to such plan, and performance requirements
for changes made under the plan.
``(c) Predicate Devices.--In making a determination of substantial
equivalence pursuant to section 513(i), the Secretary shall not compare
a device to changed versions of a device implemented in accordance with
an established predetermined change control plan as a predicate device.
Only the version of the device cleared or approved, prior to changes
made under the predetermined change control plan, may be used by a
sponsor as a predicate device.''.
(b) Conforming Amendments.--
(1) Cleared devices.--Section 510(l)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)(1)) is amended,
in the first sentence, by inserting ``, or with respect to a
change that is consistent with a predetermined change control
plan cleared under section 515C'' before the period at the end.
(2) Approved devices.--Section 515(d)(5)(A)(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360e(d)(5)(A)(i)) is amended by striking ``A supplemental'' and
inserting ``Unless the change is consistent with a
predetermined change control plan approved under section 515C,
a supplemental''.
(3) Documentation of rationale for significant decisions.--
Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360g-1(a)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall provide a
substantive summary of the scientific and regulatory rationale
for any significant decision of the Center for Devices and
Radiological Health regarding submission or review of a report
under section 510(k), a petition for classification under
section 513(f), an application under section 515, or an
application for an exemption under section 520(g), including
documentation of significant controversies or differences of
opinion and the resolution of such controversies or differences
of opinion.''.
SEC. 3309. SMALL BUSINESS FEE WAIVER.
(a) In General.--Section 738(a)(3)(B) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j) is amended--
(1) by striking ``No fee'' and inserting the following:
``(i) In general.--No fee''; and
(2) by adding at the end the following:
``(ii) Small businesses fee waiver.--
``(I) Definition of small
business.--For purposes of this clause,
the term `small business' means an
entity that reported $1,000,000 or less
of gross receipts or sales in its most
recent Federal income tax return for a
taxable year, including such returns of
all of its affiliates.
``(II) Waiver.--The Secretary may
grant a waiver of the fee required
under subparagraph (A) for the annual
registration (excluding the initial
registration) of an establishment for a
year, beginning on October 1, 2024, if
the Secretary finds that the
establishment is a small business and
paying the fee for such year represents
a financial hardship to the
establishment as determined by the
Secretary.
``(III) Firms submitting tax
returns to the united states internal
revenue service.--The establishment
shall support its claim that it meets
the definition under subclause (I) by
submission of a copy of its most recent
Federal income tax return for a taxable
year, and a copy of such returns of its
affiliates, which show an amount of
gross sales or receipts that is less
than the maximum established in
subclause (I). The establishment, and
each of such affiliates, shall certify
that the information provided is a true
and accurate copy of the actual tax
forms they submitted to the Internal
Revenue Service. If no tax forms are
submitted for any affiliate, the
establishment shall certify that the
establishment has no affiliates.
``(IV) Firms not submitting tax
returns to the united states internal
revenue service.--In the case of an
establishment that has not previously
submitted a Federal income tax return,
the establishment and each of its
affiliates shall demonstrate that it
meets the definition under subclause
(I) by submission of a signed
certification, in such form as the
Secretary may direct through a notice
published in the Federal Register, that
the establishment or affiliate meets
the criteria for a small business and a
certification, in English, from the
national taxing authority, if extant,
of the country in which the
establishment or, if applicable,
affiliate is headquartered. The
certification from such taxing
authority shall bear the official seal
of such taxing authority and shall
provide the establishment's or
affiliate's gross receipts or sales for
the most recent year in both the local
currency of such country and in United
States dollars, the exchange rate used
in converting such local currency to
dollars, and the dates during which
these receipts or sales were collected.
The establishment shall also submit a
statement signed by the head of the
establishment's firm or by its chief
financial officer that the
establishment has submitted
certifications for all of its
affiliates, or that the establishment
has no affiliates.
``(V) Request for waiver.--An
establishment seeking a fee waiver for
a year under this clause shall submit
supporting information to the Secretary
at least 60 days before the fee is
required pursuant to subparagraph (C).
The decision of the Secretary regarding
whether an entity may receive the
waiver for such year is not
reviewable.''.
(b) Taxing Authority.--Section 738(d)(2)(B)(iii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j(d)(2)(B)(iii)) is amended
by inserting ``, if extant,'' after ``national taxing authority''.
Subtitle D--Infant Formula
SEC. 3401. PROTECTING INFANTS AND IMPROVING FORMULA SUPPLY.
(a) Definitions.--
(1) In general.--In this section, the term ``infant
formula'' has the meaning given such term in section 201(z) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).
(2) Critical food.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the
end the following:
``(ss) The term `critical food' means a food that is--
``(1) an infant formula; or
``(2) a medical food, as defined in section 5(b)(3) of the
Orphan Drug Act.''.
(b) Office of Critical Foods.--
(1) In general.--The Secretary shall establish within the
Center for Food Safety and Applied Nutrition an office to be
known as the Office of Critical Foods. The Secretary shall
appoint a Director to lead such Office.
(2) Duties.--The Office of Critical Foods shall be
responsible for oversight, coordination, and facilitation of
activities related to critical foods, as defined in section
201(ss) of the Federal Food, Drug, and Cosmetic Act, as added
by subsection (a)(2).
(c) Premarket Submissions of Infant Formula to Address Shortages.--
Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350a) is amended by adding at the end the following:
``(j) Premarket Submissions To Address Shortages.--
``(1) In general.--The Secretary shall waive the 90-day
premarket submission requirement under subsection (c) and apply
a 30-day premarket submission requirement for any person who
intends to introduce or deliver for introduction into
interstate commerce any new infant formula.
``(2) Effective period.--The waiver authority under this
subsection shall remain in effect--
``(A) for 90 days beginning on the date that the
Secretary distributes information under section
424(a)(2) with respect to a shortage of infant formula;
or
``(B) such longer period as the Secretary
determines appropriate, to prevent or mitigate a
shortage of infant formula.''.
(d) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives that includes--
(1) the number of premarket submissions for new infant
formula the Secretary has received under section 412(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) each
year since 2012;
(2) how many of such submissions received requests from the
Secretary for additional information;
(3) how long after receiving such submissions the Secretary
sent such requests for additional information;
(4) what additional information the Secretary requested of
the persons submitting such submissions; and
(5) the date each new infant formula described in
subparagraph (A) was first marketed, if available.
(e) Infant Formula Flexibilities.--The Secretary shall publish a
list on the website of the Department of Health and Human Services
providing information on how to identify appropriate substitutes for
infant formula products in shortage that are relied upon by infants and
other individuals with inborn errors of metabolism or other serious
health conditions.
(f) International Harmonization of Infant Formula Requirements.--
(1) In general.--The Secretary--
(A) shall participate in meetings with
representatives from other countries to discuss methods
and approaches to harmonizing regulatory requirements
for infant formula, including with respect to
inspections, labeling, and nutritional requirements;
and
(B) may enter into arrangements or agreements
regarding such requirements with other countries, as
appropriate, including arrangements or agreements with
a foreign government or agency of a foreign government
to recognize the inspection of foreign establishments
that manufacture infant formula for export to the
United States.
(2) Study on infant formula.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall seek
to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (referred to in
this paragraph as the ``National Academies'') to
examine and report on challenges in supply, market
competition, and regulation of infant formula in the
United States.
(B) Contents of the report.--The report developed
pursuant to the agreement under subparagraph (A)
shall--
(i) assess and evaluate--
(I) infant formula marketed in the
United States;
(II) any challenges in supply, or
market competition with respect to such
infant formula; and
(III) any differences between
infant formula marketed in the United
States and infant formula marketed in
the European Union, including with
respect to nutritional content and
applicable labeling and other
regulatory requirements; and
(ii) include recommendations, including for
infant formula manufacturers, on measures to
address supply and market competition in the
United States.
(C) Final report.--The agreement under subparagraph
(A) shall specify that the National Academies shall,
not later than 1 year after the date of enactment of
this Act, complete such study and submit a report on
the results of such study to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(g) Transparency and Accountability To Support Infant Formula
Innovation.--
(1) Congressional notification of recall.--Section 412 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as
amended by subsection (c), is further amended by adding at the
end the following:
``(k) Congressional Notification of Recall.--
``(1) In general.--Not later than 24 hours after the
initiation of a recall of infant formula as described in
subsection (e), the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a notification of such recall.
``(2) Contents.--A notification under paragraph (1) shall
include the following:
``(A) If the recall is required by the Food and
Drug Administration, a summary of the information
supporting a determination that the adulterated or
misbranded infant formula presents a risk to human
health.
``(B) If the recall is voluntarily initiated by the
manufacturer, a summary of the information provided to
the Food and Drug Administration by the manufacturer
regarding infant formula that has left the control of
the manufacturer that may be adulterated or misbranded.
``(C) Specification of when the Food and Drug
Administration was first made aware of the instance or
circumstances surrounding the recall.
``(D) An initial estimate of the disruption in
domestic production that may result from the recall.''.
(2) Annual report to congress.--Section 412 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by
paragraph (1), is further amended by adding at the end the
following:
``(l) Annual Report to Congress.--
``(1) In general.--Not later than March 30 of each year,
the Secretary shall submit a report to Congress containing,
with respect to the preceding calendar year, the following
information:
``(A) The number of submissions received by the
Secretary under subsection (d).
``(B) The number of such submissions that included
any new ingredients that were not included in any
infant formula already on the market.
``(C) The number of inspections conducted by the
Food and Drug Administration or any agent thereof to
evaluate compliance with the requirements for infant
formulas under subsection (b).
``(D) The time between any inspection referred to
in subparagraph (C) and any necessary reinspection to
evaluate compliance with the requirements for infant
formulas under subsection (b).
``(E) A breakdown of the information described in
subparagraphs (A) through (D) between foreign and
domestic manufacturers and facilities.
``(2) Confidentiality.--The Secretary shall ensure that the
reports under paragraph (1) do not include any information that
is a trade secret or confidential information subject to
section 552(b)(4) of title 5, United States Code, or section
1905 of title 18, United States Code.''.
(3) New infant formula submissions.--Section 412(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) is
amended by adding at the end the following:
``(4) The Secretary shall provide a response to a submission under
this subsection not later than 45 days after receiving such
submission.''.
(4) List of nutrients.--Section 412(i)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(i)) is amended by
striking ``or, if revised by the Secretary under paragraph (2),
as so revised'' and inserting the following: ``, which shall be
reviewed by the Secretary every 4 years as appropriate. In
reviewing such table, the Secretary shall consider any new
scientific data or information related to infant formula
nutrients, including international infant formula standards.
The Secretary may revise the list of nutrients and the required
level for any nutrient required by the table''.
(5) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue guidance
regarding information sponsors may consider including in
submissions required under section 412(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350a(d)), including
considerations for meeting each of the requirements of
paragraphs (1), (2), and (3) of subsection (d).
(6) Technical correction.--Section 412(c)(1)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(c)(1)(B))
is amended by striking ``subsection (c)(1)'' and inserting
``subsection (d)(1)''.
(h) Response to Recall.--
(1) Manufacturer submission.--
(A) In general.--Promptly after the initiation of a
recall of infant formula, the manufacturer of the
recalled infant formula shall submit information to the
Secretary regarding such recall.
(B) Contents.--A submission under subparagraph (A)
shall include the following:
(i) A plan (including an estimated
timeline, as applicable) of actions the
manufacturer will take, suited to the
individual circumstances of the particular
recall, including--
(I) to identify and address any
cause of, and contributing factor in,
known or suspected adulteration or
known or suspected misbranding; and
(II) if appropriate, to restore
operation of the impacted facilities.
(ii) In the case that a recall of the
manufacturer's infant formula products, and
subsequent actions to respond to such recall,
impacts over 10 percent of the production of
the infant formula intended for sale in the
United States, a plan to backfill the supply of
the manufacturer's infant formula supply if the
current domestic supply of such infant formula
has fallen, or is expected to fall, below the
expected demand for the formula.
(2) Report to congress.--
(A) In general.--Promptly after a submission under
paragraph (1) is received, the Secretary shall provide
such submission, together with the information
specified in subparagraph (B), in a report to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives.
(B) Contents.--A report under subparagraph (A)
shall include the following:
(i) Information concerning the current
domestic supply of infant formula, including--
(I) a breakdown of the specific
types of formula involved; and
(II) an estimate of how long
current supplies will last.
(ii) If a submission or submissions under
paragraph (1) show that the recall and
subsequent actions to respond to the recall
impact over 10 percent of the domestic
production of infant formula intended for sale
in the United States--
(I) actions to work with the
impacted manufacturer or other
manufacturers to increase production;
and
(II) specification of--
(aa) any additional
authorities needed regarding
production or importation to
fill a supply gap; and
(bb) any supplemental
funding necessary to address
the shortage.
(3) Sunset.--This subsection shall cease to have force or
effect on September 30, 2026.
(i) Coordination With Manufacturer.--
(1) In general.--
(A) Communication following inspection.--Upon
completing an inspection of an infant formula
manufacturing facility impacted by a recall, the
Secretary, acting through the Commissioner of Food and
Drugs, shall provide the manufacturer involved a list
of any actions necessary to--
(i) address deficiencies contributing to
the potential adulteration or misbranding of
product at the facility; and
(ii) safely restart production at the
facility.
(B) Response to manufacturer.--Not later than 7
days after receiving a written communication from a
manufacturer of infant formula containing corrective
actions to address manufacturing deficiencies
identified during an inspection of a facility engaged
in the manufacturing of an infant formula impacted by a
recall, the Secretary, acting through the Commissioner
of Food and Drugs, shall provide a substantive response
to such communication concerning the sufficiency of the
proposed corrective actions.
(2) Inspections.--The Secretary shall ensure timely
communication with a manufacturer of infant formula following
an inspection of a facility engaged in the manufacturing of
infant formula for consumption in the United States. If a
reinspection of a manufacturer of an infant formula is required
to ensure that such manufacturer completed any remediation
actions or addressed any deficiencies, the Secretary shall
reinspect such facility in a timely manner. The Secretary shall
prioritize and expedite an inspection or reinspection of an
establishment that could help mitigate or prevent a shortage of
an infant formula.
(3) Annual inspections.--Not later than 6 months after the
date of enactment of this Act, and not less than once per
calendar year thereafter, the Secretary shall conduct
inspections, including unannounced inspections, of the
facilities (including foreign facilities) of each manufacturer
of an infant formula required to be registered under section
412(c)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350a(c)(1)(A)), in accordance with a risk-based approach
and ensure timely and effective internal coordination and
alignment among the Office of Regulatory Affairs and the Center
for Food Safety and Applied Nutrition. In meeting the
inspection requirements under this subsection, the Secretary
may rely on inspections conducted by foreign regulatory
authorities, under arrangements or agreements, and conducted by
State agencies under contract, memoranda of understanding, or
any other obligation.
(j) National Strategy on Infant Formula.--
(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture and other heads of relevant
departments and agencies, shall develop and issue, not later
than 90 days after the date of enactment of this Act, a
national strategy on infant formula to increase the resiliency
of the infant formula supply chain, protect against future
contamination and other potential causes of supply disruptions
and shortages, and ensure parents and caregivers have access to
infant formula and information they need.
(2) Immediate national strategy.--The national strategy
under paragraph (1) shall include efforts--
(A) to increase the resiliency of the infant
formula supply chain in the short-term by--
(i) assessing causes of any supply
disruption or shortage of infant formula in
existence as of the date of enactment of this
Act and potential causes of future supply
disruptions and shortages;
(ii) assessing and addressing immediate
infant formula needs associated with the
shortage; and
(iii) developing a plan to increase infant
formula supply, including through increased
competition; and
(B) to ensure the development and updating of
education and communication materials for parents and
caregivers that cover--
(i) where and how to find infant formula;
(ii) comparable infant formulas on the
market;
(iii) what to do if a specialty infant
formula is unavailable;
(iv) safe practices for handling infant
formula; and
(v) other topics, as appropriate.
(3) Long-term strategy.--Not later than 90 days after the
submission of the report described in subsection (f)(2), the
Secretary shall update the national strategy under paragraph
(1) to include efforts to improve preparedness against infant
formula shortages in the long-term by--
(A) outlining methods to improve information-
sharing between the Federal Government and State and
local governments, and other entities as appropriate,
regarding shortages;
(B) recommending measures for protecting the
integrity of the infant formula supply and preventing
contamination;
(C) outlining methods to incentivize new infant
formula manufacturers to increase supply and mitigate
future shortages; and
(D) recommending other necessary authorities to
gain insight into the supply chain and risk for
shortages, and to incentivize new infant formula
manufacturers.
(k) Meaningful Disruption in the Production of Critical Food.--
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341
et seq.) is amended by adding at the end the following:
``SEC. 424. REQUIREMENTS FOR CRITICAL FOOD.
``(a) Notification of Meaningful Disruption for Critical Food.--
``(1) In general.--A manufacturer of a critical food (as
defined in section 201(ss)) shall notify the Secretary of a
permanent discontinuance in the manufacture or an interruption
of the manufacture of such food that is likely to lead to a
meaningful disruption in the supply of such food in the United
States, and the reasons for such discontinuance or
interruption, as soon as practicable, but not later than 5
business days after such discontinuance or such interruption.
``(2) Distribution of information.--Not later than 5
calendar days after receiving a notification under paragraph
(1), if the Secretary has determined that such discontinuance
or interruption has resulted, or is likely to result, in a
shortage of such critical food, the Secretary shall distribute,
to the Secretary of Agriculture and to the maximum extent
practicable to the appropriate entities, as determined by the
Secretary through such means as the Secretary determines
appropriate, information on such shortage.
``(3) Confidentiality.--Nothing in this subsection
authorizes the Secretary to disclose any information that is a
trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code.
``(4) Meaningful disruption.--In this subsection, the term
`meaningful disruption'--
``(A) means a change in production that is
reasonably likely to lead to a significant reduction in
the supply of a critical food by a manufacturer that
affects the ability of the manufacturer to meet
expected demand for its product; and
``(B) does not include interruptions in
manufacturing due to matters such as routine
maintenance, changes or discontinuance of flavors,
colors, or other insignificant formulation
characteristics, or insignificant changes in
manufacturing so long as the manufacturer expects to
resume operations in a short period of time.
``(b) Risk Management Plans.--Each manufacturer of a critical food
shall develop, maintain, and implement, as appropriate, a redundancy
risk management plan that identifies and evaluates risks to the supply
of the food, as applicable, for each establishment in which such food
is manufactured. A risk management plan under this subsection--
``(1) may identify and evaluate risks to the supply of more
than one critical food, or critical food category, manufactured
at the same establishment;
``(2) may identify mechanisms by which the manufacturer
would mitigate the impacts of a supply disruption through
alternative production sites, alternative suppliers,
stockpiling of inventory, or other means; and
``(3) shall be subject to inspection and copying by the
Secretary pursuant to an inspection under section 704.
``(c) Failure To Meet Requirements.--
``(1) In general.--If a person fails to submit information
required under, and in accordance with, subsection (a)--
``(A) the Secretary shall issue a letter to such
person informing such person of such failure; and
``(B) not later than 45 calendar days after the
issuance of a letter under subparagraph (A), subject to
paragraph (2), the Secretary shall make available to
the public on the website of the Food and Drug
Administration, with appropriate redactions made to
protect the information described in subsection
(a)(3)--
``(i) the letter issued under subparagraph
(A); and
``(ii) at the request of such person, any
response to such letter such person submitted
to the Secretary.
``(2) Exception.--If the Secretary determines that the
letter under paragraph (1) was issued in error or, after review
of such response, the person had a reasonable basis for not
submitting a notification as required under subsection (a), the
requirements of paragraph (1)(B) shall not apply.''.
(l) Specialty Infant Formula for Importation.--Section 412 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by
subsection (f)(2), is further amended by adding at the end the
following:
``(m) Waiver of Requirements for Importation of Specialty Infant
Formula.--
``(1) In general.--The Secretary may, during a shortage of
specialty infant formula as determined by the Secretary, waive
any requirement under this Act applicable to facilitate the
importation of specialty infant formula. Such a waiver may be
applicable to--
``(A) the importation of specialty infant formula
from any country that is determined by the Secretary to
be implementing and enforcing requirements for infant
formula that provide a similar assurance of safety and
nutritional adequacy as the requirements of this Act;
or
``(B) the distribution and sale of such imported
specialty infant formula.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the authority of the Secretary to require
a recall of, or otherwise impose restrictions and requirements
under this Act with respect to, specialty infant formula that
is subject to a waiver under paragraph (1).
``(3) Definition of specialty infant formula.--In this
subsection, the term `specialty infant formula' means infant
formula described in subsection (h)(1).''.
(m) Importation for Personal Use.--
(1) In general.--Notwithstanding any provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
during the 90-day period beginning on the date of enactment of
this Act, an individual may, without prior notice to the Food
and Drug Administration, import up to a 3-month supply of
infant formula for personal use from--
(A) Canada;
(B) any country in the European Union; or
(C) any other country that is determined by the
Secretary to be implementing and enforcing requirements
for infant formula that provide a similar assurance of
safety and nutritional adequacy as the requirements of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.).
(2) Limitations.--Infant formula may be imported pursuant
to paragraph (1) only if the infant formula--
(A) is exclusively for personal use and will not be
commercialized or promoted; and
(B) does not present an unreasonable risk to human
health.
(3) Reporting of adverse events.--If a health care provider
becomes aware of any adverse event which the health care
provider reasonably suspects to be associated with infant
formula imported pursuant to paragraph (1), the health care
provider shall report such adverse event to the Commissioner of
Food and Drugs.
(4) Public notice.--The Secretary, acting through the
Commissioner of Food and Drugs, shall post on the public
website of the Food and Drug Administration notice that--
(A) infant formula imported pursuant to paragraph
(1) may not have been manufactured in a facility that
has been inspected by the Food and Drug Administration;
(B) the labeling of such infant formula may not
meet the standards and other requirements applicable
with respect to infant formula under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and
(C) the nutritional content of infant formula
imported pursuant to paragraph (1) may vary from that
of infant formula meeting such standards and other
requirements.
(5) Sense of congress.--It is the sense of Congress that
persons considering the personal importation of infant formula
should consult with their pediatrician about such importation.
Subtitle E--Cosmetics
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Modernization of Cosmetics
Regulation Act of 2022''.
SEC. 3502. AMENDMENTS TO COSMETIC REQUIREMENTS.
Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
361 et seq.) is amended by adding at the end the following:
``SEC. 604. DEFINITIONS.
``In this chapter:
``(1) Adverse event.--The term `adverse event' means any
health-related event associated with the use of a cosmetic
product that is adverse.
``(2) Cosmetic product.--The term `cosmetic product' means
a preparation of cosmetic ingredients with a qualitatively and
quantitatively set composition for use in a finished product.
``(3) Facility.--
``(A) In general.--The term `facility' includes any
establishment (including an establishment of an
importer) that manufactures or processes cosmetic
products distributed in the United States.
``(B) Such term does not include any of the
following:
``(i) Beauty shops and salons, unless such
establishment manufactures or processes
cosmetic products at that location.
``(ii) Cosmetic product retailers,
including individual sales representatives,
direct sellers (as defined in section
3508(b)(2) of the Internal Revenue Code of
1986), retail distribution facilities, and
pharmacies, unless such establishment
manufactures or processes cosmetic products
that are not sold directly to consumers at that
location.
``(iii) Hospitals, physicians' offices, and
health care clinics.
``(iv) Public health agencies and other
nonprofit entities that provide cosmetic
products directly to the consumer.
``(v) Entities (such as hotels and
airlines) that provide complimentary cosmetic
products to customers incidental to other
services.
``(vi) Trade shows and other venues where
cosmetic product samples are provided free of
charge.
``(vii) An establishment that manufactures
or processes cosmetic products that are solely
for use in research or evaluation, including
for production testing and not offered for
retail sale.
``(viii) An establishment that solely
performs one or more of the following with
respect to cosmetic products:
``(I) Labeling.
``(II) Relabeling.
``(III) Packaging.
``(IV) Repackaging.
``(V) Holding.
``(VI) Distributing.
``(C) Clarification.--For the purposes of
subparagraph (B)(viii), the terms `packaging' and
`repackaging' do not include filling a product
container with a cosmetic product.
``(4) Responsible person.--The term `responsible person'
means the manufacturer, packer, or distributor of a cosmetic
product whose name appears on the label of such cosmetic
product in accordance with section 609(a) of this Act or
section 4(a) of the Fair Packaging and Labeling Act.
``(5) Serious adverse event.--The term `serious adverse
event' means an adverse event that--
``(A) results in--
``(i) death;
``(ii) a life-threatening experience;
``(iii) inpatient hospitalization;
``(iv) a persistent or significant
disability or incapacity;
``(v) a congenital anomaly or birth defect;
``(vi) an infection; or
``(vii) significant disfigurement
(including serious and persistent rashes,
second- or third-degree burns, significant hair
loss, or persistent or significant alteration
of appearance), other than as intended, under
conditions of use that are customary or usual;
or
``(B) requires, based on reasonable medical
judgment, a medical or surgical intervention to prevent
an outcome described in subparagraph (A).
``SEC. 605. ADVERSE EVENTS.
``(a) Serious Adverse Event Reporting Requirements.--The
responsible person shall submit to the Secretary any report received of
a serious adverse event associated with the use, in the United States,
of a cosmetic product manufactured, packed, or distributed by such
person.
``(b) Submission of Reports.--
``(1) Serious adverse event report.--The responsible person
shall submit to the Secretary a serious adverse event report
accompanied by a copy of the label on or within the retail
packaging of such cosmetic product no later than 15 business
days after the report is received by the responsible person.
``(2) New medical information.--The responsible person
shall submit to the Secretary any new and material medical
information, related to a serious adverse event report
submitted to the Secretary in accordance with paragraph (1),
that is received by the responsible person within 1 year of the
initial report to the Secretary, no later than 15 business days
after such information is received by such responsible person.
``(3) Consolidation of reports.--The Secretary shall
develop systems to enable responsible persons to submit a
single report that includes duplicate reports of, or new
medical information related to, a serious adverse event.
``(c) Exemptions.--The Secretary may establish by regulation an
exemption to any of the requirements of this section if the Secretary
determines that such exemption would have no significant adverse effect
on public health.
``(d) Contact Information.--The responsible person shall receive
reports of adverse events through the domestic address, domestic
telephone number, or electronic contact information included on the
label in accordance with section 609(a).
``(e) Maintenance and Inspection of Adverse Event Records.--
``(1) Maintenance.--The responsible person shall maintain
records related to each report of an adverse event associated
with the use, in the United States, of a cosmetic product
manufactured or distributed by such person received by such
person, for a period of 6 years, except that a responsible
person that is considered a small business for the purposes of
section 612, who does not engage in the manufacturing or
processing of the cosmetic products described in subsection
612(b), shall maintain such records for a period of 3 years.
``(2) Inspection.--
``(A) In general.-- The responsible person shall
permit an authorized person to have access to records
required to be maintained under this section during an
inspection pursuant to section 704.
``(B) Authorized person.--For purposes of this
paragraph, the term `authorized person' means an
officer or employee of the Department of Health and
Human Services who has--
``(i) appropriate credentials, as
determined by the Secretary; and
``(ii) been duly designated by the
Secretary to have access to the records
required under this section.
``(f) Fragrance and Flavor Ingredients.--If the Secretary has
reasonable grounds to believe that an ingredient or combination of
ingredients in a fragrance or flavor has caused or contributed to a
serious adverse event required to be reported under this section, the
Secretary may request in writing a list of such ingredients or
categories of ingredients in the specific fragrances or flavors in the
cosmetic product, from the responsible person. The responsible person
shall ensure that the requested information is submitted to the
Secretary within 30 days of such request. In response to a request
under section 552 of title 5, United States Code, information submitted
to the Secretary under this subsection shall be withheld under section
552(b)(3) of title 5, United States Code.
``(g) Protected Information.--A serious adverse event report
submitted to the Secretary under this section, including any new
medical information submitted under subsection (b)(2), or an adverse
event report, or any new information, voluntarily submitted to the
Secretary shall be considered to be--
``(1) a safety report under section 756 and may be
accompanied by a statement, which shall be a part of any report
that is released for public disclosure, that denies that the
report or the records constitute an admission that the product
involved caused or contributed to the adverse event; and
``(2) a record about an individual under section 552a of
title 5, United States Code (commonly referred to as the
`Privacy Act of 1974') and a medical or similar file the
disclosure of which would constitute a violation of section 552
of such title 5 (commonly referred to as the `Freedom of
Information Act'), and shall not be publicly disclosed unless
all personally identifiable information is redacted.
``(h) Effect of Section.--
``(1) In general.--Nothing in this section shall affect the
authority of the Secretary to provide adverse event reports and
information to any health, food, or drug officer or employee of
any State, territory, or political subdivision of a State or
territory, under a memorandum of understanding between the
Secretary and such State, territory, or political subdivision.
``(2) Personally identifiable information.--Notwithstanding
any other provision of law, personally-identifiable information
in adverse event reports provided by the Secretary to any
health, food, or drug officer or employee of any State,
territory, or political subdivision of a State or territory,
shall not--
``(A) be made publicly available pursuant to any
State or other law requiring disclosure of information
or records; or
``(B) otherwise be disclosed or distributed to any
party without the written consent of the Secretary and
the person submitting such information to the
Secretary.
``(3) Use of reports.--Nothing in this section shall permit
a State, territory, or political subdivision of a State or
territory, to use any safety report received from the Secretary
in a manner inconsistent with this section.
``(4) Rule of construction.--The submission of any report
in compliance with this section shall not be construed as an
admission that the cosmetic product involved caused or
contributed to the relevant adverse event.
``SEC. 606. GOOD MANUFACTURING PRACTICE.
``(a) In General.--The Secretary shall by regulation establish good
manufacturing practices for facilities that are consistent, to the
extent practicable, and appropriate, with national and international
standards, in accordance with section 601. Any such regulations shall
be intended to protect the public health and ensure that cosmetic
products are not adulterated. Such regulations may allow for the
Secretary to inspect records necessary to demonstrate compliance with
good manufacturing practices prescribed by the Secretary under this
paragraph during an inspection conducted under section 704.
``(b) Considerations.--In establishing regulations for good
manufacturing practices under this section, the Secretary shall take
into account the size and scope of the businesses engaged in the
manufacture of cosmetics, and the risks to public health posed by such
cosmetics, and provide sufficient flexibility to be practicable for all
sizes and types of facilities to which such regulations will apply.
Such regulations shall include simplified good manufacturing practice
requirements for smaller businesses, as appropriate, to ensure that
such regulations do not impose undue economic hardship for smaller
businesses, and may include longer compliance times for smaller
businesses. Before issuing regulations to implement subsection (a), the
Secretary shall consult with cosmetics manufacturers, including smaller
businesses, consumer organizations, and other experts selected by the
Secretary.
``(c) Timeframe.--The Secretary shall publish a notice of proposed
rulemaking not later than 2 years after the date of enactment of the
Modernization of Cosmetics Regulation Act of 2022 and shall publish a
final such rule not later than 3 years after such date of enactment.
``SEC. 607. REGISTRATION AND PRODUCT LISTING.
``(a) Submission of Registration.--
``(1) Initial registration.--
``(A) Existing facilities.--Every person that, on
the date of enactment of the Modernization of Cosmetics
Regulation Act of 2022, owns or operates a facility
that engages in the manufacturing or processing of a
cosmetic product for distribution in the United States
shall register each facility with the Secretary not
later than 1 year after date of enactment of such Act.
``(B) New facilities.--Every person that owns or
operates a facility that first engages, after the date
of enactment of the Modernization of Cosmetics
Regulation Act of 2022, in manufacturing or processing
of a cosmetic product for distribution in the United
States, shall register with the Secretary such facility
within 60 days of first engaging in such activity or 60
days after the deadline for registration under
subparagraph (A), whichever is later.
``(2) Biennial renewal of registration.--A person required
to register a facility under paragraph (1) shall renew such
registrations with the Secretary biennially.
``(3) Contract manufacturers.--If a facility manufactures
or processes cosmetic products on behalf of a responsible
person, the Secretary shall require only a single registration
for such facility even if such facility is manufacturing or
processing its own cosmetic products or cosmetic products on
behalf of more than one responsible person. Such single
registration may be submitted to the Secretary by such facility
or any responsible person whose products are manufactured or
processed at such facility.
``(4) Updates to content.--A person that is required to
register under subsection (a)(1) shall notify the Secretary
within 60 days of any changes to information required under
subsection (b)(2).
``(5) Abbreviated renewal registrations.--The Secretary
shall provide for an abbreviated registration renewal process
for any person that owns or operates a facility that has not
been required to submit updates under paragraph (4) for a
registered facility since submission of the most recent
registration of such facility under paragraph (1) or (2).
``(b) Format; Contents of Registration.--
``(1) In general.--Registration information under this
section may be submitted at such time and in such manner as the
Secretary may prescribe.
``(2) Contents.--The registration under subsection (a)
shall contain--
``(A) the facility's name, physical address, email
address, and telephone number;
``(B) with respect to any foreign facility, the
contact for the United States agent of the facility,
and, if available, the electronic contact information;
``(C) the facility registration number, if any,
previously assigned by the Secretary under subsection
(d);
``(D) all brand names under which cosmetic products
manufactured or processed in the facility are sold; and
``(E) the product category or categories and
responsible person for each cosmetic product
manufactured or processed at the facility.
``(c) Cosmetic Product Listing.--
``(1) In general.--For each cosmetic product, the
responsible person shall submit to the Secretary a cosmetic
product listing, or ensure that such submission is made, at
such time and in such manner as the Secretary may prescribe.
``(2) Cosmetic product listing.--The responsible person of
a cosmetic product that is marketed on the date of enactment of
the Modernization of Cosmetics Regulation Act of 2022 shall
submit to the Secretary a cosmetic product listing not later
than 1 year after the date of enactment of the Modernization of
Cosmetics Regulation Act of 2022, or for a cosmetic product
that is first marketed after the date of enactment of such Act,
within 120 days of marketing such product in interstate
commerce. Thereafter, any updates to such listing shall be made
annually, consistent with paragraphs (4) and (5).
``(3) Abbreviated renewal.--The Secretary shall provide for
an abbreviated process for the renewal of any cosmetic product
listing under this subsection with respect to which there has
been no change since the responsible person submitted the
previous listing.
``(4) Contents of listing.--
``(A) In general.--Each such cosmetic product
listing shall include--
``(i) the facility registration number of
each facility where the cosmetic product is
manufactured or processed;
``(ii) the name and contact number of the
responsible person and the name for the
cosmetic product, as such name appears on the
label;
``(iii) the applicable cosmetic category or
categories for the cosmetic product;
``(iv) a list of ingredients in the
cosmetic product, including any fragrances,
flavors, or colors, with each ingredient
identified by the name, as required under
section 701.3 of title 21, Code of Federal
Regulations (or any successor regulations), or
by the common or usual name of the ingredient;
and
``(v) the product listing number, if any
previously assigned by the Secretary under
subsection (d).
``(B) Flexible listings.--A single listing
submission for a cosmetic product may include multiple
cosmetic products with identical formulations, or
formulations that differ only with respect to colors,
fragrances or flavors, or quantity of contents.
``(5) Updates to content.--A responsible person that is
required to submit a cosmetic product listing shall submit any
updates to such cosmetic product listing annually.
``(6) Submission.--A responsible person may submit product
listing information as part of a facility registration or
separately.
``(d) Facility Registration and Product Listing Numbers.--At the
time of the initial registration of any facility under subsection
(a)(1) or initial listing of any cosmetic product under (c)(1), the
Secretary shall assign a facility registration number to the facility
and a product listing number to each cosmetic product. The Secretary
shall not make such product listing number publicly available.
``(e) Confidentiality.--In response to a request under section 552
of title 5, United States Code, information described in subsection
(b)(2)(D) or (c)(4)(A)(i) that is derived from a registration or
listing under this section shall be withheld under section 552(b)(3) of
title 5, United States Code.
``(f) Suspensions.--
``(1) Suspension of registration of a facility.--The
Secretary may suspend the registration of a facility if the
Secretary determines that a cosmetic product manufactured or
processed by a registered facility and distributed in the
United States has a reasonable probability of causing serious
adverse health consequences or death to humans and the
Secretary has a reasonable belief that other products
manufactured or processed by the facility may be similarly
affected because of a failure that cannot be isolated to a
product or products, or is sufficiently pervasive to raise
concerns about other products manufactured in the facility.
``(2) Notice of suspension.--Before suspending a facility
registration under this section, the Secretary shall provide--
``(A) notice to the facility registrant of the
cosmetic product or other responsible person, as
appropriate, of the intent to suspend the facility
registration, which shall specify the basis of the
determination by the Secretary that the facility
registration should be suspended; and
``(B) an opportunity, within 5 business days of the
notice provided under subparagraph (A), for the
responsible person to provide a plan for addressing the
reasons for possible suspension of the facility
registration.
``(3) Hearing on suspension.--The Secretary shall provide
the registrant subject to an order under paragraph (1) or (2)
with an opportunity for an informal hearing, to be held as soon
as possible but not later than 5 business days after the
issuance of the order, or such other time period agreed upon by
the Secretary and the registrant, on the actions required for
reinstatement of registration and why the registration that is
subject to the suspension should be reinstated. The Secretary
shall reinstate a registration if the Secretary determines,
based on evidence presented, that adequate grounds do not exist
to continue the suspension of the registration.
``(4) Post-hearing corrective action plan.--If, after
providing opportunity for an informal hearing under paragraph
(3), the Secretary determines that the suspension of
registration remains necessary, the Secretary shall require the
registrant to submit a corrective action plan to demonstrate
how the registrant plans to correct the conditions found by the
Secretary. The Secretary shall review such plan not later than
14 business days after the submission of the corrective action
plan or such other time period as determined by the Secretary,
in consultation with the registrant.
``(5) Vacating of order; reinstatement.--Upon a
determination by the Secretary that adequate grounds do not
exist to continue the suspension actions, the Secretary shall
promptly vacate the suspension and reinstate the registration
of the facility.
``(6) Effect of suspension.--If the registration of the
facility is suspended under this section, no person shall
introduce or deliver for introduction into commerce in the
United States cosmetic products from such facility.
``(7) No delegation.--The authority conferred by this
section to issue an order to suspend a registration or vacate
an order of suspension shall not be delegated to any officer or
employee other than the Commissioner.
``SEC. 608. SAFETY SUBSTANTIATION.
``(a) Substantiation of Safety.--A responsible person for a
cosmetic product shall ensure, and maintain records supporting, that
there is adequate substantiation of safety of such cosmetic product.
``(b) Coal-Tar Hair Dye.--Subsection (a) shall not apply to coal-
tar hair dye that otherwise complies with the requirements of section
601(a). A responsible person for a coal-tar hair dye shall maintain
records related to the safety of such product.
``(c) Definitions.--For purposes of this section:
``(1) Adequate substantiation of safety.--The term
`adequate substantiation of safety' means tests or studies,
research, analyses, or other evidence or information that is
considered, among experts qualified by scientific training and
experience to evaluate the safety of cosmetic products and
their ingredients, sufficient to support a reasonable certainty
that a cosmetic product is safe.
``(2) Safe.--The term `safe' means that the cosmetic
product, including any ingredient thereof, is not injurious to
users under the conditions of use prescribed in the labeling
thereof, or under such conditions of use as are customary or
usual. The Secretary shall not consider a cosmetic ingredient
or cosmetic product injurious to users solely because it can
cause minor and transient reactions or minor and transient skin
irritations in some users. In determining for purposes of this
section whether a cosmetic product is safe, the Secretary may
consider, as appropriate and available, the cumulative or other
relevant exposure to the cosmetic product, including any
ingredient thereof.
``SEC. 609. LABELING.
``(a) General Requirement.--Each cosmetic product shall bear a
label that includes a domestic address, domestic phone number, or
electronic contact information, which may include a website, through
which the responsible person can receive adverse event reports with
respect to such cosmetic product.
``(b) Fragrance Allergens.--The responsible person shall identify
on the label of a cosmetic product each fragrance allergen included in
such cosmetic product. Substances that are fragrance allergens for
purposes of this subsection shall be determined by the Secretary by
regulation. The Secretary shall issue a notice of proposed rulemaking
promulgating the regulation implementing this requirement not later
than 18 months after the date of enactment of the Modernization of
Cosmetics Regulation Act of 2022, and not later than 180 days after the
date on which the public comment period on the proposed rulemaking
closes, shall issue a final rulemaking. In promulgating regulations
implementing this subsection, the Secretary shall consider
international, State, and local requirements for allergen disclosure,
including the substance and format of requirements in the European
Union, and may establish threshold levels of amounts of substances
subject to disclosure pursuant to such regulations.
``(c) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--For purposes of this
subsection, the term `professional' means an individual who is
licensed by an official State authority to practice in the
field of cosmetology, nail care, barbering, or esthetics.
``(2) Professional use labeling.--A cosmetic product
introduced into interstate commerce and intended to be used
only by a professional shall bear a label that--
``(A) contains a clear and prominent statement that
the product shall be administered or used only by
licensed professionals; and
``(B) is in conformity with the requirements of the
Secretary for cosmetics labeling under this Act and
section 4(a) of the Fair Packaging and Labeling Act.
``SEC. 610. RECORDS.
``(a) In General.--If the Secretary has a reasonable belief that a
cosmetic product, including an ingredient in such cosmetic product, and
any other cosmetic product that the Secretary reasonably believes is
likely to be affected in a similar manner, is likely to be adulterated
such that the use or exposure to such product presents a threat of
serious adverse health consequences or death to humans, each
responsible person and facility shall, at the request of an officer or
employee duly designated by the Secretary, permit such officer or
employee, upon presentation of appropriate credentials and a written
notice to such person, at reasonable times and within reasonable limits
and in a reasonable manner, to have access to and copy all records
relating to such cosmetic product, and to any other cosmetic product
that the Secretary reasonably believes is likely to be affected in a
similar manner, that are needed to assist the Secretary in determining
whether the cosmetic product is adulterated and presents a threat of
serious adverse health consequences or death to humans. This subsection
shall not be construed to extend to recipes or formulas for cosmetics,
financial data, pricing data, personnel data (other than data as to
qualification of technical and professional personnel performing
functions subject to this Act), research data (other than safety
substantiation data for cosmetic products and their ingredients), or
sales data (other than shipment data regarding sales).
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to inspect records or
require establishment and maintenance of records under any other
provision of this Act, including section 605 or 606.
``SEC. 611. MANDATORY RECALL AUTHORITY.
``(a) In General.--If the Secretary determines that there is a
reasonable probability that a cosmetic is adulterated under section 601
or misbranded under section 602 and the use of or exposure to such
cosmetic will cause serious adverse health consequences or death, the
Secretary shall provide the responsible person with an opportunity to
voluntarily cease distribution and recall such article. If the
responsible person refuses to or does not voluntarily cease
distribution or recall such cosmetic within the time and manner
prescribed by the Secretary (if so prescribed), the Secretary may, by
order, require, as the Secretary determines necessary, such person to
immediately cease distribution of such article.
``(b) Hearing.--The Secretary shall provide the responsible person
who is subject to an order under subsection (a) with an opportunity for
an informal hearing, to be held not later than 10 days after the date
of issuance of the order, on whether adequate evidence exists to
justify the order.
``(c) Order Resolution.--After an order is issued according to the
process under subsections (a) and (b), the Secretary shall, except as
provided in subsection (d)--
``(1) vacate the order, if the Secretary determines that
inadequate grounds exist to support the actions required by the
order;
``(2) continue the order ceasing distribution of the
cosmetic until a date specified in such order; or
``(3) amend the order to require a recall of the cosmetic,
including any requirements to notify appropriate persons, a
timetable for the recall to occur, and a schedule for updates
to be provided to the Secretary regarding such recall.
``(d) Action Following Order.--Any person who is subject to an
order pursuant to paragraph (2) or (3) of subsection (c) shall
immediately cease distribution of or recall, as applicable, the
cosmetic and provide notification as required by such order.
``(e) Notice to Persons Affected.--If the Secretary determines
necessary, the Secretary may require the person subject to an order
pursuant to subsection (a) or an amended order pursuant to paragraph
(2) or (3) of subsection (c) to provide either a notice of a recall
order for, or an order to cease distribution of, such cosmetic, as
applicable, under this section to appropriate persons, including
persons who manufacture, distribute, import, or offer for sale such
product that is the subject of an order and to the public.
``(f) Public Notification.--In conducting a recall under this
section, the Secretary shall--
``(1) ensure that a press release is published regarding
the recall, and that alerts and public notices are issued, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to
whom such cosmetic was, or may have been, distributed;
and
``(B) that includes, at a minimum--
``(i) the name of the cosmetic subject to
the recall;
``(ii) a description of the risk associated
with such article; and
``(iii) to the extent practicable,
information for consumers about similar
cosmetics that are not affected by the recall;
and
``(2) ensure publication, as appropriate, on the website of
the Food and Drug Administration of an image of the cosmetic
that is the subject of the press release described in paragraph
(1), if available.
``(g) No Delegation.--The authority conferred by this section to
order a recall or vacate a recall order shall not be delegated to any
officer or employee other than the Commissioner.
``(h) Effect.--Nothing in this section shall affect the authority
of the Secretary to request or participate in a voluntary recall, or to
issue an order to cease distribution or to recall under any other
provision of this chapter.
``SEC. 612. SMALL BUSINESSES.
``(a) In General.--Responsible persons, and owners and operators of
facilities, whose average gross annual sales in the United States of
cosmetic products for the previous 3-year period is less than
$1,000,000, adjusted for inflation, and who do not engage in the
manufacturing or processing of the cosmetic products described in
subsection (b), shall be considered small businesses and not subject to
the requirements of section 606 or 607.
``(b) Requirements Applicable to All Manufacturers and Processors
of Cosmetics.--The exemptions under subsection (a) shall not apply to
any responsible person or facility engaged in the manufacturing or
processing of any of the following products:
``(1) Cosmetic products that regularly come into contact
with mucus membrane of the eye under conditions of use that are
customary or usual.
``(2) Cosmetic products that are injected.
``(3) Cosmetic products that are intended for internal use.
``(4) Cosmetic products that are intended to alter
appearance for more than 24 hours under conditions of use that
are customary or usual and removal by the consumer is not part
of such conditions of use that are customary or usual.
``SEC. 613. EXEMPTION FOR CERTAIN PRODUCTS AND FACILITIES.
``(a) In General.--Notwithstanding any other provision of law,
except as provided in subsection (b), a cosmetic product or facility
that is also subject to the requirements of chapter V shall be exempt
from the requirements of sections 605, 606, 607, 608, 609(a), 610, and
611.
``(b) Exception.--A facility described in subsection (a) that also
manufactures or processes cosmetic products that are not subject to the
requirements of chapter V shall not be exempt from the requirements of
sections 605, 606, 607, 608, 609(a), 610, and 611, with respect to such
cosmetic products.
``SEC. 614. PREEMPTION.
``(a) In General.--No State or political subdivision of a State may
establish or continue in effect any law, regulation, order, or other
requirement for cosmetics that is different from or in addition to, or
otherwise not identical with, any requirement applicable under this
chapter with respect to registration and product listing, good
manufacturing practice, records, recalls, adverse event reporting, or
safety substantiation.
``(b) Limitation.--Nothing in the amendments to this Act made by
the Modernization of Cosmetics Regulation Act of 2022 shall be
construed to preempt any State statute, public initiative, referendum,
regulation, or other State action, except as expressly provided in
subsection (a). Notwithstanding subsection (a), nothing in this section
shall be construed to prevent any State from prohibiting the use or
limiting the amount of an ingredient in a cosmetic product, or from
continuing in effect a requirement of any State that is in effect at
the time of enactment of the Modernization of Cosmetics Regulation Act
of 2022 for the reporting to the State of an ingredient in a cosmetic
product.
``(c) Savings.--Nothing in the amendments to this Act made by the
Modernization of Cosmetics Regulation Act of 2022, nor any standard,
rule, requirement, regulation, or adverse event report shall be
construed to modify, preempt, or displace any action for damages or the
liability of any person under the law of any State, whether statutory
or based in common law.
``(d) Rule of Construction.--Nothing in this section shall be
construed to amend, expand, or limit the provisions under section
752.''.
SEC. 3503. ENFORCEMENT AND CONFORMING AMENDMENTS.
(a) In General.--
(1) Prohibited acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331), as amended by section
3210, is further amended--
(A) by adding at the end the following:
``(hhh) The failure to register or submit listing information in
accordance with section 607.
``(iii) The refusal or failure to follow an order under section
611.''; and
(B) in paragraph (d), by striking ``or 564'' and
inserting ``, 564, or 607''.
(2) Adulterated products.--Section 601 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding at
the end the following:
``(f) If it has been manufactured or processed under conditions
that do not meet the good manufacturing practice requirements of
section 606.
``(g) If it is a cosmetic product, and the cosmetic product,
including each ingredient in the cosmetic product, does not have
adequate substantiation for safety, as defined in section 608(c).''.
(3) Misbranded cosmetics.--Section 602(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 362(b)) is amended--
(A) by striking ``and (2)'' and inserting ``(2)'';
and
(B) by inserting after ``numerical count'' the
following: ``; and (3) the information required under
section 609''.
(4) Adverse event reporting.--The Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
(A) in section 301(e) (21 U.S.C. 331(e))--
(i) by striking ``564, 703'' and inserting
``564, 605, 703''; and
(ii) by striking ``564, 760'' and inserting
``564, 605, 611, 760'';
(B) in section 301(ii) (21 U.S.C. 331(ii))--
(i) by striking ``760 or 761) or'' and
inserting ``604, 760, or 761) or''; and
(ii) by inserting ``or required under
section 605(a)'' after ``report (as defined
under section 760 or 761'';
(C) in section 801(a) (21 U.S.C. 381(a))--
(i) by striking ``under section 760 or
761'' and inserting ``under section 605, 760,
or 761'';
(ii) by striking ``defined in such section
760 or 761'' and inserting ``defined in section
604, 760, or 761'';
(iii) by striking ``of such section 760 or
761'' and inserting ``of such section 605, 760,
or 761''; and
(iv) by striking ``described in such
section 760 or 761'' and inserting ``described
in such section 605, 760, or 761''; and
(D) in section 801(b) (21 U.S.C. 381(b))--
(i) by striking ``requirements of sections
760 or 761,'' and inserting ``requirements of
section 605, 760, or 761'';
(ii) by striking ``as defined in section
760 or 761'' and inserting ``as defined in
section 604, 760, or 761''; and
(iii) by striking ``with section 760 or
761'' and inserting ``with section 605, 760, or
761''.
(b) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date that is 1 year after the date of
enactment of this Act.
(2) Labeling requirement.--Section 609(a) of the Federal
Food, Drug, and Cosmetic Act, as added by section 802, shall
take effect on the date that is 2 years after the date of
enactment of this Act.
(c) Confidentiality.--
(1) In general.--The Secretary shall take appropriate
measures to ensure that there are in effect effective
procedures to prevent the unauthorized disclosure of any trade
secret or confidential commercial information that is obtained
by the Secretary of Health and Human Services pursuant to this
subtitle, including the amendments made by this subtitle.
(2) Clarification.--Nothing in this subtitle, including the
amendments made by this subtitle, shall be construed to
authorize the disclosure of information that is prohibited from
disclosure under section 301(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of title 18,
United States Code, or that is subject to withholding under
section 552(b)(4) of title 5, United States Code.
SEC. 3504. RECORDS INSPECTION.
Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(a)(1)) is amended by inserting after the second sentence the
following: ``In the case of a facility (as defined in section 604) that
manufactures or processes cosmetic products, the inspection shall
extend to all records and other information described in sections 605,
606, and 610, when the standard for records inspection under such
section applies.''.
SEC. 3505. TALC-CONTAINING COSMETICS.
The Secretary of Health and Human Services--
(1) not later than one year after the date of enactment of
this Act, shall promulgate proposed regulations to establish
and require standardized testing methods for detecting and
identifying asbestos in talc-containing cosmetic products; and
(2) not later than 180 days after the date on which the
public comment period on the proposed regulations closes, shall
issue such final regulations.
SEC. 3506. PFAS IN COSMETICS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall assess the use
of perfluoroalkyl and polyfluoroalkyl substances in cosmetic products
and the scientific evidence regarding the safety of such use in
cosmetic products, including any risks associated with such use. In
conducting such assessment, the Secretary may, as appropriate, consult
with the National Center for Toxicological Research.
(b) Report.--Not later than 3 years after enactment of this Act,
the Secretary shall publish on the website of the Food and Drug
Administration a report summarizing the results of the assessment
conducted under subsection (a).
SEC. 3507. SENSE OF THE CONGRESS ON ANIMAL TESTING.
It is the sense of the Congress that animal testing should not be
used for the purposes of safety testing on cosmetic products and should
be phased out with the exception of appropriate allowances.
SEC. 3508. FUNDING.
There is authorized to be appropriated $14,200,000 for fiscal year
2023, $25,960,000 for fiscal year 2024, and $41,890,000 for each of
fiscal years 2025 through 2027, for purposes of conducting the
activities under this subtitle (including the amendments made by this
subtitle) and hiring personnel required to carry out this subtitle
(including the amendments made by this subtitle).
Subtitle F--Cross-Cutting Provisions
CHAPTER 1--CLINICAL TRIAL DIVERSITY AND MODERNIZATION
SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
(a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) is amended by adding at the end the following:
``(z)(1) With respect to a clinical investigation of a new drug
that is a phase 3 study, as defined in section 312.21(c) of title 21,
Code of Federal Regulations (or successor regulations), or, as
appropriate, another pivotal study of a new drug (other than
bioavailability or bioequivalence studies), the sponsor of such drug
shall submit to the Secretary a diversity action plan.
``(2) Such diversity action plan shall include--
``(A) the sponsor's goals for enrollment in such clinical
study;
``(B) the sponsor's rationale for such goals; and
``(C) an explanation of how the sponsor intends to meet
such goals.
``(3) The sponsor shall submit to the Secretary such diversity
action plan, in the form and manner specified by the Secretary in
guidance, as soon as practicable but not later than the date on which
the sponsor submits the protocol to the Secretary for such a phase 3
study or other pivotal study of the drug. The sponsor may submit
modifications to the diversity action plan. Any such modifications
shall be in the form and manner specified by the Secretary in guidance.
``(4)(A) On the initiative of the Secretary or at the request of a
sponsor, the Secretary may waive any requirement in paragraph (1), (2),
or (3) if the Secretary determines that a waiver is necessary based on
what is known or what can be determined about the prevalence or
incidence of the disease or condition for which the new drug is under
investigation (including in terms of the patient population that may
use the drug), if conducting a clinical investigation in accordance
with a diversity action plan would otherwise be impracticable, or if
such waiver is necessary to protect public health during a public
health emergency.
``(B) The Secretary shall issue a written response granting or
denying a request from a sponsor for a waiver within 60 days of
receiving such request.
``(5) No diversity action plan shall be required for a submission
described in section 561.''.
(b) Devices.--Section 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the end the
following:
``(9)(A)(i) The sponsor of a device for which submission of an
application for an investigational device exemption is required shall
submit to the Secretary in such application a diversity action plan for
clinical studies of the device, in the form and manner specified in
guidance issued by the Secretary.
``(ii) The sponsor of a device for which submission of an
application for an investigational device exemption is not required,
except for a device being studied as described in section 812.2(c) of
title 21, Code of Federal Regulations (or successor regulations), shall
develop a diversity action plan for any clinical study with respect to
the device. Such diversity action plan shall be submitted to the
Secretary in any premarket notification under section 510(k), request
for classification under section 513(f)(2), or application for
premarket approval under section 515 for such device.
``(B) A diversity action plan under clause (i) or (ii) of
subparagraph (A) shall include--
``(i) the sponsor's goals for enrollment in the clinical
study;
``(ii) the sponsor's rationale for such goals; and
``(iii) an explanation of how the sponsor intends to meet
such goals.
``(C)(i) On the initiative of the Secretary or at the request of a
sponsor, the Secretary may waive any requirement in subparagraph (A) or
(B) if the Secretary determines that a waiver is necessary based on
what is known or can be determined about the prevalence or incidence of
the disease or condition for which the device is under investigation
(including in terms of the patient population that may use the device),
if conducting a clinical investigation in accordance with a diversity
action plan would otherwise be impracticable, or if such waiver is
necessary to protect public health during a public health emergency.
``(ii) The Secretary shall issue a written response granting or
denying a request from a sponsor for a waiver within 60 days of
receiving such request.
``(D) No diversity action plan shall be required for a submission
described in section 561.''.
SEC. 3602. GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
(a) In General.--The Secretary shall update or issue guidance
relating to--
(1) the format and content of the diversity action plans
required by sections 505(z) and 520(g)(9) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(z); 360j(g)(9)) (as
amended by section 3601) pertaining to the sponsor's goals for
clinical study enrollment, disaggregated by age group, sex, and
racial and ethnic demographic characteristics of clinically
relevant study populations, and may include characteristics
such as geographic location and socioeconomic status, including
with respect to--
(A) the rationale for the sponsor's enrollment
goals, which may include--
(i) the estimated prevalence or incidence
in the United States of the disease or
condition for which the drug or device is being
investigated in the relevant clinical trial, if
such estimated prevalence or incidence is known
or can be determined based on available data;
(ii) what is known about the disease or
condition for which the drug or device is being
investigated;
(iii) any relevant pharmacokinetic or
pharmacogenomic data;
(iv) what is known about the patient
population for such disease or condition,
including, to the extent data is available--
(I) demographic information, which
may include age group, sex, race,
geographic location, socioeconomic
status, and ethnicity;
(II) non-demographic factors,
including co-morbidities affecting the
patient population; and
(III) potential barriers to
enrolling diverse participants, such as
patient population size, geographic
location, and socioeconomic status; and
(v) any other data or information relevant
to selecting appropriate enrollment goals,
disaggregated by demographic subgroup, such as
the inclusion of pregnant and lactating women;
and
(B) an explanation for how the sponsor intends to
meet such goals, including demographic-specific
outreach and enrollment strategies, study-site
selection, clinical study inclusion and exclusion
practices, and any diversity training for study
personnel;
(2) submission of any modifications to the diversity action
plan;
(3) considerations for the public posting by a sponsor of
key information from the diversity action plan that would be
useful to patients and providers on the sponsor's website, as
appropriate;
(4) criteria that the Secretary will consider in assessing
whether to grant a sponsor's request to waive the requirement
to submit a diversity action plan under section 505(z)(4) or
520(g)(9)(C) of the Federal Food, Drug, and Cosmetic Act (as
amended by section 3601); and
(5) how sponsors may include in regular reports otherwise
required by the Secretary--
(A) the sponsor's progress in meeting the goals
referred to in paragraph (1)(A); and
(B) any updates needed to be made to a diversity
action plan referred to in paragraph (1) to help meet
goals referred to in paragraph (1)(A); and
(C) if the sponsor does not expect to meet goals
referred to in paragraph (1)(A), the sponsor's reasons
for why the sponsor does not expect to meet such goals.
(b) Issuance.--The Secretary shall--
(1) not later than 12 months after the date of enactment of
this Act, issue new draft guidance or update existing draft
guidance described in subsection (a); and
(2) not later than 9 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) Applicability.--Sections 505(z) and 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601, shall apply
only with respect to clinical investigations for which enrollment
commences after the date that is 180 days after the publication of
final guidance required under this section.
SEC. 3603. PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY DIVERSITY.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary, in consultation with drug
sponsors, medical device sponsors, clinical research organizations,
academia, patients, and other stakeholders, shall convene one or more
public workshops to solicit input from stakeholders on increasing the
enrollment of historically underrepresented populations in clinical
studies and encouraging clinical study participation that reflects the
prevalence of the disease or condition among demographic subgroups,
where appropriate, and other topics, including--
(1) how and when to collect and present the prevalence or
incidence data on a disease or condition by demographic
subgroup, including possible sources for such data and
methodologies for assessing such data;
(2) considerations for the dissemination, as appropriate,
after approval, of information to the public on clinical study
enrollment demographic data;
(3) the establishment of goals for enrollment in clinical
trials, including the relevance of the estimated prevalence or
incidence, as applicable, in the United States of the disease
or condition for which the drug or device is being developed;
and
(4) approaches to support inclusion of underrepresented
populations and to encourage clinical study participation that
reflects the population expected to use the drug or device
under study, including with respect to--
(A) the establishment of inclusion and exclusion
criteria for certain subgroups, such as pregnant and
lactating women and individuals with disabilities,
including intellectual or developmental disabilities or
mental illness;
(B) considerations regarding informed consent with
respect to individuals with intellectual or
developmental disabilities or mental illness, including
ethical and scientific considerations;
(C) the appropriate use of decentralized trials or
digital health tools;
(D) clinical endpoints;
(E) biomarker selection; and
(F) studying analysis.
(b) Public Docket.--The Secretary shall establish a public comment
period to receive written comments related to the topics addressed
during each public workshop convened under this section. The public
comment period shall remain open for 60 days following the date on
which each public workshop is convened.
(c) Report.--Not later than 180 days after the close of the public
comment period for each public workshop convened under this section,
the Secretary shall make available on the public website of the Food
and Drug Administration a report on the topics discussed at such
workshop. The report shall include a summary of topics and responses to
any recommendations raised in such workshop.
SEC. 3604. ANNUAL SUMMARY REPORT ON PROGRESS TO INCREASE DIVERSITY IN
CLINICAL STUDIES.
(a) In General.--Beginning not later than 2 years after the date of
enactment of this Act, and each year thereafter, the Secretary shall
submit to the Congress, and publish on the public website of the Food
and Drug Administration, a report that--
(1) summarizes, in aggregate, the diversity action plans
received pursuant to section 505(z) or 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601; and
(2) contains information, in the aggregate, on--
(A) for drugs, biological products, and devices
approved, licensed, cleared, or classified under
section 505, 515, 510(k), or 513(f)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355; 360e;
360(k); and 360(f)(2)), or section 351(a) of the Public
Health Service Act (42 U.S.C. 262(a)), whether the
clinical studies conducted with respect to such
applications met the demographic subgroup enrollment
goals from the diversity action plan submitted for such
applications; and
(B) the reasons provided, if any, for why
enrollment goals from submitted diversity action plans
were not met.
(b) Confidentiality.--Nothing in this section shall be construed as
authorizing the Secretary to disclose any information that is a trade
secret or confidential information subject to section 552(b)(4) of
title 5, United States Code, or section 1905 of title 18, United States
Code.
SEC. 3605. PUBLIC MEETING ON CLINICAL STUDY FLEXIBILITIES INITIATED IN
RESPONSE TO COVID-19 PANDEMIC.
(a) In General.--Not later than 180 days after the date on which
the COVID-19 emergency period ends, the Secretary shall convene a
public meeting to discuss the recommendations provided by the Food and
Drug Administration during the COVID-19 emergency period to mitigate
disruption of clinical studies, including recommendations detailed in
the guidance entitled ``Conduct of Clinical Trials of Medical Products
During the COVID-19 Public Health Emergency, Guidance for Industry,
Investigators, and Institutional Review Boards'', as updated on August
8, 2021, and by any subsequent updates to such guidance. The Secretary
shall invite to such meeting representatives from the pharmaceutical
and medical device industries who sponsored clinical studies during the
COVID-19 emergency period and organizations representing patients.
(b) Topics.--Not later than 90 days after the date on which the
public meeting under subsection (a) is convened, the Secretary shall
make available on the public website of the Food and Drug
Administration a report on the topics discussed at such meeting. Such
topics shall include discussion of--
(1) the actions sponsors took to utilize such
recommendations and the frequency at which such recommendations
were employed;
(2) the characteristics of the sponsors, studies, and
patient populations impacted by such recommendations;
(3) a consideration of how recommendations intended to
mitigate disruption of clinical studies during the COVID-19
emergency period, including any recommendations to consider
decentralized clinical studies when appropriate, may have
affected access to clinical studies for certain patient
populations, especially unrepresented or underrepresented
racial and ethnic minorities; and
(4) recommendations for incorporating certain clinical
study disruption mitigation recommendations into current or
additional guidance to improve clinical study access and
enrollment of diverse patient populations.
(c) COVID-19 Emergency Period Defined.--In this section, the term
``COVID-19 emergency period'' has the meaning given the term
``emergency period'' in section 1135(g)(1)(B) of the Social Security
Act (42 U.S.C. 1320b-5(g)(1)(B)).
SEC. 3606. DECENTRALIZED CLINICAL STUDIES.
(a) Guidance.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, issue or revise draft guidance that includes
recommendations to clarify and advance the use of decentralized
clinical studies to support the development of drugs and
devices, including recommendations for how to advance the use
of flexible and novel clinical trial designs and to help
improve trial participant engagement, recruitment, enrollment,
and retention of a meaningfully diverse clinical population,
including with respect to race, ethnicity, age, sex, and
geographic location, when appropriate; and
(2) not later than 1 year after closing the comment period
on such draft guidance, finalize such guidance.
(b) Content of Guidance.--The guidance under subsection (a) shall
address the following:
(1) Recommendations related to digital health technology or
other assessment options, such as telehealth, local
laboratories, local health care providers, or other options for
remote data collection, could support decentralized clinical
studies, including guidance on considerations for selecting
technological platforms and mediums, data collection and use,
data integrity and security, and communication to study
participants through digital technology.
(2) Recommendations for subject recruitment, retention, and
engagement, including considerations for sponsors to minimize
or reduce burdens for clinical study participants through the
use of digital health technology, telehealth, local health care
providers and laboratories, health care provider home visits,
direct-to-participant engagement, electronic informed consent,
or other means, as appropriate.
(3) Recommendations with respect to the evaluation of data
collected within a decentralized clinical study setting.
(4) Recommendations for methods of remote data collection,
including clinical trial participant experience data, through
the use of digital health technologies, telemedicine, local
laboratories, local health care providers, or other options for
data collection.
(5) Considerations for sponsors to minimize or reduce
burdens for clinical trial participants associated with
participating in a clinical trial, such as the use of digital
technologies, telemedicine, local laboratories, local health
care providers, or other data collection or assessment options,
health care provider home visits, direct-to-participant
shipping of investigational drugs and devices, and electronic
informed consent, as appropriate.
(6) Recommendations regarding conducting decentralized
clinical trials to facilitate and encourage meaningful
diversity among clinical trial participants, including with
respect to race, ethnicity, age, sex, and geographic location,
as appropriate.
(7) Recommendations for strategies and methods for
recruiting, retaining, and engaging with clinical trial
participants, including communication regarding the role of
clinical trial participants and community partners to
facilitate clinical trial recruitment and engagement, including
with respect to diverse and underrepresented populations, as
appropriate.
(8) Considerations for review and oversight by sponsors and
institutional review boards, including remote trial oversight.
(9) Recommendations for decentralized clinical trial
protocol designs and processes for evaluating such proposed
clinical trial designs.
(10) Recommendations related to digital health technology
and other remote assessment tools that may support
decentralized clinical trials, including guidance on
appropriate technological platforms and tools, data collection
and use, data integrity, and communication to clinical trial
participants through such technology.
(11) A description of the manner in which the Secretary
will assess or evaluate data collected within a decentralized
clinical trial to support the development of the drug or
device, if the manner is different from that used for a
nondecentralized trial.
(12) Considerations for sponsors to validate digital
technologies and establish appropriate clinical endpoints for
use in decentralized trials.
(13) Considerations for privacy and security of personally
identifiable information of trial participants.
(14) Considerations for conducting clinical trials using
centralized approaches in conjunction with decentralized
approaches.
(c) Definition.--In this section, the term ``decentralized clinical
study'' means a clinical study in which some or all of the study-
related activities occur at a location separate from the investigator's
location.
SEC. 3607. MODERNIZING CLINICAL TRIALS.
(a) Clarifying the Use of Digital Health Technologies in Clinical
Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise
draft guidance regarding the appropriate use of digital health
technologies in clinical trials to help improve recruitment
for, retention in, participation in, and data collection
during, clinical trials, and provide for novel clinical trial
designs utilizing such technology for purposes of supporting
the development of, and review of applications for, drugs and
devices. Not later than 18 months after the public comment
period on such draft guidance ends, the Secretary shall issue a
revised draft guidance or final guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations for data collection
methodologies by which sponsors may incorporate the use
of digital health technologies in clinical trials to
collect data remotely from trial participants;
(B) considerations for privacy and security
protections for data collected during a clinical trial,
including--
(i) recommendations for the protection of
trial participant data that are collected or
used in research using digital health
technologies;
(ii) compliance with the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), subpart B of
part 50 of title 21, Code of Federal
Regulations, subpart C of part 56 of title 21,
Code of Federal Regulations, the Federal policy
for the protection of human subjects under
subpart A of part 46 of title 45, Code of
Federal Regulations (commonly known as the
``Common Rule''), and part 2 of title 42, Code
of Federal Regulations (or any successor
regulations); and
(iii) recommendations for the protection of
clinical trial participant data against
cybersecurity threats, as applicable;
(C) considerations on data collection methods to
help increase recruitment of clinical trial
participants and the level of participation of such
participants, reduce burden on clinical trial
participants, and optimize data quality;
(D) recommendations for the use of electronic
methods to obtain informed consent from clinical trial
participants, taking into consideration applicable
Federal law, including subpart B of part 50 of title
21, Code of Federal Regulations (or successor
regulations), and, as appropriate, State law;
(E) best practices for communication between
sponsors and the Secretary on the development of data
collection methods;
(F) the appropriate format to submit such data to
the Secretary;
(G) a description of the manner in which the
Secretary may assess or evaluate data collected through
digital health technologies to support the development
of the drug or device;
(H) recommendations regarding the data and
information needed to demonstrate that a digital health
technology is fit-for-purpose for a clinical trial, and
a description of how the Secretary will evaluate such
data and information; and
(I) recommendations for increasing access to, and
the use of, digital health technologies in clinical
trials to facilitate the inclusion of diverse and
underrepresented populations, as appropriate, including
considerations for access to, and the use of, digital
health technologies in clinical trials by people with
disabilities and pediatric populations.
(b) Seamless and Concurrent Clinical Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise
draft guidance on the use of seamless, concurrent, and other
innovative clinical trial designs to support the expedited
development and review of applications for drugs, as
appropriate. Not later than 18 months after the public comment
period on such draft guidance ends, the Secretary shall issue a
revised draft guidance or final guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations on the use of expansion cohorts
and other seamless clinical trial designs to assess
different aspects of product candidates in one
continuous trial, including how such clinical trial
designs can be used as part of meeting the substantial
evidence standard under section 505(d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(d));
(B) recommendations on the use of clinical trial
designs that involve the concurrent conduct of
different or multiple clinical trial phases, and the
concurrent conduct of preclinical testing, to expedite
the development of new drugs and facilitate the timely
collection of data;
(C) recommendations for how to streamline trial
logistics and facilitate the efficient collection and
analysis of clinical trial data, including any planned
interim analyses and how such analyses could be used to
streamline the product development and review
processes;
(D) considerations to assist sponsors in ensuring
the rights, safety, and welfare of clinical trial
participants, maintaining compliance with good clinical
practice regulations, minimizing risks to clinical
trial data integrity, and ensuring the reliability of
clinical trial results;
(E) recommendations for communication between
sponsors and the Food and Drug Administration on the
development of seamless, concurrent, or other adaptive
clinical trial designs, including review of, and
feedback on, clinical trial protocols; and
(F) a description of the manner in which the
Secretary will assess or evaluate data collected
through seamless, concurrent, or other adaptive
clinical trial designs to support the development of
drugs.
(c) International Harmonization.--The Secretary shall, as
appropriate, work with foreign regulators pursuant to memoranda of
understanding or other arrangements governing the exchange of
information to facilitate international harmonization of the regulation
and use of decentralized clinical trials, digital technology in
clinical trials, and seamless, concurrent, and other adaptive or
innovative clinical trial designs.
CHAPTER 2--INSPECTIONS
SEC. 3611. DEVICE INSPECTIONS.
(a) In General.--Section 704(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(a)(1)) is amended by striking ``restricted
devices'' each place it appears and inserting ``devices''.
(b) Records or Other Information.--
(1) Establishments.--Section 704(a)(4)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)(A)) is
amended--
(A) by striking ``an establishment that is engaged
in the manufacture, preparation, propagation,
compounding, or processing of a drug'' and inserting
``an establishment that is engaged in the manufacture,
preparation, propagation, compounding, or processing of
a drug or device, or a site or facility that is subject
to inspection under paragraph (5)(C),''; and
(B) by striking ``records requested.'' and
inserting the following: ``records or other information
requested and a rationale for requesting such records
or other information in advance of, or in lieu of, an
inspection.''.
(2) Guidance.--
(A) In general.--The Secretary shall issue or
update guidance describing--
(i) circumstances in which the Secretary
intends to issue requests for records or other
information in advance of, or in lieu of, an
inspection under section 704(a)(4) of the
Federal Food, Drug, and Cosmetic Act, as
amended by paragraph (1);
(ii) processes for responding to such
requests electronically or in physical form;
and
(iii) factors the Secretary intends to
consider in evaluating whether such records and
other information are provided within a
reasonable timeframe, within reasonable limits,
and in a reasonable manner, accounting for
resource and other limitations that may exist,
including for small businesses.
(B) Timing.--The Secretary shall--
(i) not later than 1 year after the date of
enactment of this Act, issue draft guidance
under subparagraph (A); and
(ii) not later than 1 year after the close
of the comment period for such draft guidance,
issue final guidance under subparagraph (A).
SEC. 3612. BIORESEARCH MONITORING INSPECTIONS.
(a) In General.--Section 704(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(a)) is amended by adding at the end the
following:
``(5)(A) The Secretary may, to ensure the accuracy and reliability
of studies and records or other information described in subparagraph
(B) and to assess compliance with applicable requirements under this
Act or the Public Health Service Act, enter sites and facilities
specified in subparagraph (C) in order to inspect such records or other
information.
``(B) An inspection under this paragraph shall extend to all
records and other information related to the studies and submissions
described in subparagraph (E), including records and information
related to the conduct, results, and analyses of, and the protection of
human and animal trial participants participating in, such studies.
``(C)(i) The sites and facilities subject to inspection by the
Secretary under this paragraph are those owned or operated by a person
described in clause (ii) and which are (or were) utilized by such
person in connection with--
``(I) developing an application or other submission to the
Secretary under this Act or the Public Health Service Act
related to marketing authorization for a product described in
paragraph (1);
``(II) preparing, conducting, or analyzing the results of a
study described in subparagraph (E); or
``(III) holding any records or other information described
in subparagraph (B).
``(ii) A person described in this clause is--
``(I) the sponsor of an application or submission specified
in subparagraph (E);
``(II) a person engaged in any activity described in clause
(i) on behalf of such a sponsor, through a contract, grant, or
other business arrangement with such sponsor;
``(III) an institutional review board, or other individual
or entity, engaged by contract, grant, or other business
arrangement with a nonsponsor in preparing, collecting, or
analyzing records or other information described in
subparagraph (B); or
``(IV) any person not otherwise described in this clause
that conducts, or has conducted, a study described in
subparagraph (E) yielding records or other information
described in subparagraph (B).
``(D)(i) Subject to clause (ii), an entity that owns or operates
any site or facility subject to inspection under this paragraph shall
provide the Secretary with access to records and other information
described in subparagraph (B) that is held by or under the control of
such entity, including--
``(I) permitting the Secretary to record or copy such
information for purposes of this paragraph;
``(II) providing the Secretary with access to any
electronic information system utilized by such entity to hold,
process, analyze, or transfer any records or other information
described in subparagraph (B); and
``(III) permitting the Secretary to inspect the facilities,
equipment, written procedures, processes, and conditions
through which records or other information described in
subparagraph (B) is or was generated, held, processed,
analyzed, or transferred.
``(ii) Nothing in clause (i) shall negate, supersede, or otherwise
affect the applicability of provisions, under this or any other Act,
preventing or limiting the disclosure of confidential commercial
information or other information considered proprietary or trade
secret.
``(iii) An inspection under this paragraph shall be conducted at
reasonable times and within reasonable limits and in a reasonable
manner.
``(E) The studies and submissions described in this subparagraph
are each of the following:
``(i) Clinical and nonclinical studies submitted to the
Secretary in support of, or otherwise related to, applications
and other submissions to the Secretary under this Act or the
Public Health Service Act for marketing authorization of a
product described in paragraph (1).
``(ii) Postmarket safety activities conducted under this
Act or the Public Health Service Act.
``(iii) Any other clinical investigation of--
``(I) a drug subject to section 505 or 512 of this
Act or section 351 of the Public Health Service Act; or
``(II) a device subject to section 520(g).
``(iv) Any other submissions made under this Act or the
Public Health Service Act with respect to which the Secretary
determines an inspection under this paragraph is warranted in
the interest of public health.
``(F) This paragraph clarifies the authority of the Secretary to
conduct inspections of the type described in this paragraph and shall
not be construed as a basis for inferring that, prior to the date of
enactment of this paragraph, the Secretary lacked the authority to
conduct such inspections, including under this Act or the Public Health
Service Act.''.
(b) Review of Processes and Practices; Guidance for Industry.--
(1) In general.--The Secretary shall--
(A) review processes and practices in effect as of
the date of enactment of this Act applicable to
inspections of foreign and domestic sites and
facilities described in subparagraph (C)(i) of section
704(a)(5) of the Federal Food, Drug, and Cosmetic Act,
as added by subsection (a); and
(B) evaluate whether any updates are needed to
facilitate the consistency of such processes and
practices.
(2) Guidance.--
(A) In general.--The Secretary shall issue guidance
describing the processes and practices applicable to
inspections of sites and facilities described in
subparagraph (C)(i) of section 704(a)(5) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection
(a), including with respect to the types of records and
information required to be provided, best practices for
communication between the Food and Drug Administration
and industry in advance of or during an inspection or
request for records or other information, and other
inspections-related conduct, to the extent not
specified in existing publicly available Food and Drug
Administration guides and manuals for such inspections.
(B) Timing.--The Secretary shall--
(i) not later than 18 months after the date
of enactment of this Act, issue draft guidance
under subparagraph (A); and
(ii) not later than 1 year after the close
of the public comment period for such draft
guidance, issue final guidance under
subparagraph (A).
SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.
(a) Risk Factors for Establishments.--Section 510(h)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)(4)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) The compliance history of establishments in
the country or region in which the establishment is
located that are subject to regulation under this Act,
including the history of violations related to products
exported from such country or region that are subject
to such regulation.''.
(b) Use of Records.--Section 704(a)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) The Secretary may rely on any records or other information
that the Secretary may inspect under this section to satisfy
requirements that may pertain to a preapproval or risk-based
surveillance inspection, or to resolve deficiencies identified during
such inspections, if applicable and appropriate.''.
(c) Recognition of Foreign Government Inspections.--Section 809 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) is amended--
(1) in subsection (a)(1), by inserting ``preapproval or''
before ``risk-based inspections''; and
(2) by adding at the end the following:
``(c) Periodic Review.--
``(1) In general.--Beginning not later than 1 year after
the date of the enactment of the Food and Drug Omnibus Reform
Act of 2022, the Secretary shall periodically assess whether
additional arrangements and agreements with a foreign
government or an agency of a foreign government, as allowed
under this section, are appropriate.
``(2) Reports to congress.--Beginning not later than 4
years after the date of the enactment of the Food and Drug
Omnibus Reform Act of 2022, and every 4 years thereafter, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
describing the findings and conclusions of each review
conducted under paragraph (1).''.
SEC. 3614. GAO REPORT ON INSPECTIONS OF FOREIGN ESTABLISHMENTS
MANUFACTURING DRUGS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on inspections conducted by--
(1) the Secretary of foreign establishments pursuant to
subsections (h) and (i) of section 510 and section 704 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360; 374); or
(2) a foreign government or an agency of a foreign
government pursuant to section 809 of such Act (21 U.S.C.
384e).
(b) Contents.--The report conducted under subsection (a) shall
include--
(1) what alternative tools, including remote inspections or
remote evaluations, other countries are utilizing to facilitate
inspections of foreign establishments;
(2) how frequently trusted foreign regulators conduct
inspections of foreign facilities that could be useful to the
Food and Drug Administration to review in lieu of its own
inspections;
(3) how frequently and under what circumstances, including
for what types of inspections, the Secretary utilizes existing
agreements or arrangements under section 809 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 384e) and whether the
use of such agreements could be appropriately expanded;
(4) whether the Secretary has accepted reports of
inspections of facilities in China and India conducted by
entities with which they have entered into such an agreement or
arrangement;
(5) what additional foreign governments or agencies of
foreign governments the Secretary has considered entering into
a mutual recognition agreement with and, if applicable, reasons
why the Secretary declined to enter into a mutual recognition
agreement with such foreign governments or agencies;
(6) what tools, if any, the Secretary used to facilitate
inspections of domestic facilities that could also be
effectively utilized to appropriately inspect foreign
facilities;
(7) what steps the Secretary has taken to identify and
evaluate tools and strategies the Secretary may use to continue
oversight with respect to inspections when in-person
inspections are disrupted;
(8) how the Secretary is considering incorporating
alternative tools into the inspection activities conducted
pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.); and
(9) what steps the Secretary has taken to identify and
evaluate how the Secretary may use alternative tools to address
workforce shortages to carry out such inspection activities.
SEC. 3615. UNANNOUNCED FOREIGN FACILITY INSPECTIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program under
which the Secretary increases the conduct of unannounced surveillance
inspections of foreign human drug establishments and evaluates the
differences between such inspections of domestic and foreign human drug
establishments, including the impact of announcing inspections to
persons who own or operate foreign human drug establishments in advance
of an inspection. Such pilot program shall evaluate--
(1) differences in the number and type of violations of
section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351(a)(2)(B)) identified as a result of
unannounced and announced inspections of foreign human drug
establishments and any other significant differences between
each type of inspection;
(2) costs and benefits associated with conducting announced
and unannounced inspections of foreign human drug
establishments;
(3) barriers to conducting unannounced inspections of
foreign human drug establishments and any challenges to
achieving parity between domestic and foreign human drug
establishment inspections; and
(4) approaches for mitigating any negative effects of
conducting announced inspections of foreign human drug
establishments.
(b) Pilot Program Scope.--The inspections evaluated under the pilot
program under this section shall be routine surveillance inspections
and shall not include inspections conducted as part of the Secretary's
evaluation of a request for approval to market a drug submitted under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the
Public Health Service Act (42 U.S.C. 201 et seq.).
(c) Pilot Program Initiation.--The Secretary shall initiate the
pilot program under this section not later than 180 days after the date
of enactment of this Act.
(d) Report.--The Secretary shall, not later than 180 days following
the completion of the pilot program under this section, make available
on the website of the Food and Drug Administration a final report on
the pilot program under this section, including--
(1) findings and any associated recommendations with
respect to the evaluation under subsection (a), including any
recommendations to address identified barriers to conducting
unannounced inspections of foreign human drug establishments;
(2) findings and any associated recommendations regarding
how the Secretary may achieve parity between domestic and
foreign human drug inspections; and
(3) the number of unannounced inspections during the pilot
program that would not be unannounced under practices in use as
of the date of the enactment of this Act.
SEC. 3616. ENHANCING COORDINATION AND TRANSPARENCY ON INSPECTIONS.
(a) Coordination.--Section 506D of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356d) is amended--
(1) by adding at the end the following:
``(g) Coordination.--The Secretary shall ensure timely and
effective internal coordination and alignment among the field
investigators of the Food and Drug Administration and the staff of the
Center for Drug Evaluation and Research's Office of Compliance and Drug
Shortage Program regarding--
``(1) the reviews of reports shared pursuant to section
704(b)(2); and
``(2) any feedback or corrective or preventive actions in
response to such reports.''; and
(2) by amending subsection (f) to read as follows:
``(f) Temporary Sunset.--Subsection (a) shall cease to be effective
on the date that is 5 years after the date of enactment of the Food and
Drug Administration Safety and Innovation Act. Subsections (b), (c),
and (e) shall not be in effect during the period beginning 5 years
after the date of enactment of the Food and Drug Administration Safety
and Innovation Act and ending on the date of enactment of the Food and
Drug Omnibus Reform Act of 2022. Subsections (b), (c), and (e) shall be
in effect beginning on the date of enactment of the Food and Drug
Omnibus Reform Act of 2022.''.
(b) Reporting.--
(1) Amendments.--Section 506C-1(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)) is amended--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(B) by inserting after paragraph (2) the following:
``(3) describes the coordination and alignment activities
undertaken pursuant to section 506D(g);
``(4) provides the number of reports that were required
under section 704(b)(2) to be sent to the appropriate offices
of the Food and Drug Administration with expertise regarding
drug shortages, and the number of such reports that were
sent;''; and
(C) in paragraph (5)(A), as so redesignated, by
striking ``paragraph (7)'' and inserting ``paragraph
(9)''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to reports submitted under section
506C-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c-1) on or after March 31, 2024.
(c) Reporting of Mutual Recognition Agreements for Inspections and
Review Activities.--Section 510(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(h)) is amended--
(1) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by
striking ``Beginning in 2014, not'' and inserting
``Not'';
(B) by amending subparagraph (A) to read as
follows:
``(A)(i) the number of domestic and foreign
establishments registered pursuant to this section in
the previous fiscal year;
``(ii) the number of such registered establishments
in each region of interest;
``(iii) the number of such domestic establishments
and the number of such foreign establishments,
including the number of establishments in each region
of interest, that the Secretary inspected in the
previous fiscal year;
``(iv) the number of inspections to support actions
by the Secretary on applications under section 505 of
this Act or section 351 of the Public Health Service
Act, including the number of inspections to support
actions by the Secretary on supplemental applications,
including changes to manufacturing processes, the
Secretary conducted in the previous fiscal year;
``(v) the number of routine surveillance
inspections the Secretary conducted in the previous
fiscal year, including in each region of interest;
``(vi) the number of for-cause inspections the
Secretary conducted in the previous fiscal year, not
including inspections described in clause (iv),
including in each region of interest; and
``(vii) the number of inspections the Secretary has
recognized pursuant to an agreement entered into
pursuant to section 809, or otherwise recognized, for
each of the types of inspections described in clauses
(v) and (vi), including for inspections of
establishments in each region of interest.'';
(C) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(D) in subparagraph (C), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(D) the status of the efforts of the Food and
Drug Administration to expand its recognition of
inspections conducted or recognized by foreign
regulatory authorities under section 809, including any
obstacles to expanding the use of such recognition.'';
and
(2) by adding at the end the following:
``(7) Region of interest.--For purposes of paragraph
(6)(A), the term `region of interest' means a foreign
geographic region or country, including the People's Republic
of China, India, the European Union, the United Kingdom, and
any other country or geographic region, as the Secretary
determines appropriate.''.
SEC. 3617. ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION
TIMELINES.
Section 902 of the FDA Reauthorization Act of 2017 (21 U.S.C. 355
note) is amended to read as follows:
``SEC. 902. ANNUAL REPORT ON INSPECTIONS.
``Not later than 120 days after the end of each fiscal year, the
Secretary of Health and Human Services shall post on the website of the
Food and Drug Administration information related to inspections of
facilities necessary for approval of a drug under subsection (c) or (j)
of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or approval of a device under section 515 of such Act (21 U.S.C.
360e) that were conducted during the previous fiscal year. Such
information shall include the following:
``(1) The median time following a request from staff of the
Food and Drug Administration reviewing an application or report
to the beginning of the inspection, including--
``(A) the median time for drugs described in
505(j)(11)(A)(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i));
``(B) the median time for drugs for which a
notification has been submitted in accordance with
section 506C(a) of such Act (21 U.S.C. 356c(a)) during
the previous fiscal year; and
``(C) the median time for drugs on the drug
shortage list in effect under section 506E of such Act
(21 U.S.C. 356e) at the time of such request.
``(2) The median time from the issuance of a report
pursuant to section 704(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(b)) to the sending of a warning
letter, issuance of an import alert, or holding of a regulatory
meeting for inspections for which the Secretary concluded that
regulatory or enforcement action was indicated, including the
median time for each category of drugs listed in subparagraphs
(A) through (C) of paragraph (1).
``(3) The median time from the sending of a warning letter,
issuance of an import alert, or holding of a regulatory meeting
related to conditions observed by the Secretary during an
inspection, to the time at which the Secretary concludes that
corrective actions to resolve such conditions have been taken.
``(4) The number of facilities that failed to implement
adequate corrective or preventive actions following a report
issued pursuant to such section 704(b), resulting in a withhold
recommendation for an application under review, including the
number of such facilities manufacturing each category of drugs
listed in subparagraphs (A) through (C) of paragraph (1).''.
CHAPTER 3--MISCELLANEOUS
SEC. 3621. REGULATION OF CERTAIN PRODUCTS AS DRUGS.
Section 503 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353) is amended by adding at the end the following:
``(h)(1) Any contrast agent, radioactive drug, or OTC monograph
drug shall be deemed to be a drug under section 201(g) and not a device
under section 201(h).
``(2) For purposes of this subsection:
``(A) The term `contrast agent' means an article that is
intended for use in conjunction with a medical imaging device,
and--
``(i) is a diagnostic radiopharmaceutical, as
defined in sections 315.2 and 601.31 of title 21, Code
of Federal Regulations (or any successor regulations);
or
``(ii) is a diagnostic agent that improves the
visualization of structure or function within the body
by increasing the relative difference in signal
intensity within the target tissue, structure, or
fluid.
``(B) The term `radioactive drug' has the meaning given
such term in section 310.3(n) of title 21, Code of Federal
Regulations (or any successor regulations), except that such
term does not include--
``(i) an implant or article similar to an implant;
``(ii) an article that applies radiation from
outside of the body; or
``(iii) the radiation source of an article
described in clause (i) or (ii).
``(C) The term `OTC monograph drug' has the meaning given
such term in section 744L.
``(3) Nothing in this subsection shall be construed as allowing for
the classification of a product as a drug (as defined in section
201(g)) if such product--
``(A) is not described in paragraph (1); and
``(B) meets the definition of a device under section
201(h),
unless another provision of this Act otherwise indicates a different
classification.
``(4) The Secretary shall waive the application fee under sections
736 and 744B for applications for drugs that are--
``(A) on the date of enactment of the Prescription Drug
User Fee Amendments of 2022, legally marketed as devices; and
``(B) deemed drugs pursuant to paragraph (1)''.
SEC. 3622. WOMEN'S HEALTH RESEARCH ROADMAP.
Not later than 2 years after the date of enactment of this Act, the
Office of Women's Health of the Food and Drug Administration,
established under section 1011 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 399b), shall--
(1) review and, as appropriate, update the Women's Health
Research Roadmap issued in December 2015; and
(2) brief the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives on the review and, as
appropriate, any resulting update.
SEC. 3623. STRATEGIC WORKFORCE PLAN AND REPORT.
Chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
371 et seq.) is amended by inserting after section 714A the following:
``SEC. 714B. STRATEGIC WORKFORCE PLAN AND REPORT.
``(a) In General.--Not later than September 30, 2023, and at least
every 4 years thereafter, the Secretary shall develop, begin
implementation of, and submit to the appropriate committees of Congress
and post on the website of the Food and Drug Administration, a
coordinated strategy and report to provide direction for the activities
and programs of the Secretary to recruit, hire, train, develop, and
retain the workforce needed to fulfill the public health mission of the
Food and Drug Administration, including to facilitate collaboration
across centers, to keep pace with new biomedical, technological, and
scientific advancements, and support the development, review, and
regulation of medical products. Each such report shall be known as the
`Food and Drug Administration Strategic Workforce Plan'.
``(b) Use of the Food and Drug Administration Strategic Workforce
Plan.--Each center within the Food and Drug Administration shall
develop and update, as appropriate, a strategic plan that will be
informed by the Food and Drug Administration Strategic Workforce Plans
developed under subsection (a).
``(c) Contents of the Food and Drug Administration Strategic
Workforce Plan.--Each Food and Drug Administration Strategic Workforce
Plan under subsection (a) shall--
``(1) include agency-wide human capital strategic goals and
priorities for recruiting, hiring, training, developing, and
retaining a qualified workforce for the Food and Drug
Administration;
``(2) establish specific actions the Secretary will take to
achieve such strategic goals and priorities and address the
workforce needs of the Food and Drug Administration in the
forthcoming fiscal years;
``(3) identify challenges and risks the Secretary will face
in meeting its strategic goals and priorities, and the actions
the Secretary will take to overcome those challenges and
mitigate those risks;
``(4) establish performance measures, benchmarks, or other
elements that the Secretary will use to measure and evaluate
progress in achieving such strategic goals and priorities and
the effectiveness of such strategic goals and priorities; and
``(5) define functions, capabilities, and gaps in such
workforce and identify strategies to recruit, hire, train,
develop, and retain such workforce.
``(d) Considerations.--In developing each Food and Drug
Administration Strategic Workforce Plan under subsection (a), the
Secretary shall consider--
``(1) the number of employees (including senior leadership
and non-senior leadership employees) eligible for retirement,
the expertise of such employees, and the employing center of
such employees;
``(2) the vacancy and turnover rates for employees with
different types of expertise and from different centers,
including any changes or trends related to such rates;
``(3) the results of the Federal Employee Viewpoint Survey
for employees of the Food and Drug Administration, including
any changes or trends related to such results;
``(4) rates of pay for different types of positions,
including rates for different types of expertise within the
same field (such as differences in pay between different
medical specialists), and how such rates of pay impact the
ability of the Secretary to achieve the strategic goals and
priorities described in subsection (c);
``(5) the statutory hiring authorities used to hire Food
and Drug Administration employees, and the time to hire across
different hiring authorities; and
``(6) any other timely and relevant information, as the
Secretary determines appropriate.
``(e) Evaluation of Progress.--Each Food and Drug Administration
Strategic Workforce Plan issued pursuant to subsection (a), with the
exception of the first such Food and Drug Administration Strategic
Workforce Plan, shall include an evaluation of--
``(1) the progress the Secretary has made, based on the
performance measures, benchmarks, and other elements that
measure successful recruitment, hiring, training, development,
and retention activities; and
``(2) whether actions taken in response to the Plan
improved the capacity of the Food and Drug Administration to
achieve the strategic goals and priorities described in
subsection (c)(1).
``(f) Additional Considerations.--The Food and Drug Administration
Strategic Workforce Plan issued in fiscal year 2023 shall address the
effect of the COVID-19 pandemic on hiring, retention, and other
workforce challenges for the Food and Drug Administration, including
protecting such workforce during public health emergencies.''.
SEC. 3624. ENHANCING FOOD AND DRUG ADMINISTRATION HIRING AUTHORITY FOR
SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL.
Section 714A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379d-3a) is amended--
(1) in subsection (a)--
(A) by inserting ``, including cross-cutting
operational positions,'' after ``professional
positions''; and
(B) by inserting ``and the regulation of food and
cosmetics'' after ``medical products''; and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the 21st Century Cures
Act'' and inserting ``the Food and Drug Omnibus
Reform Act of 2022''; and
(ii) by striking ``that examines the
extent'' and all that follows through ``,
including'' and inserting ``that includes'';
(B) in subparagraph (A)--
(i) by inserting ``updated'' before
``analysis''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(C) by redesignating subparagraph (B) as
subparagraph (C);
(D) by inserting after subparagraph (A) the
following:
``(B) an analysis of how the Secretary has used the
authorities provided under this section, and a plan for
how the Secretary will use the authority under this
section, and other applicable hiring authorities, for
employees of the Food and Drug Administration; and'';
and
(E) in the matter preceding clause (i) of
subparagraph (C), as so redesignated, by striking ``a
recruitment'' and inserting ``an updated recruitment''.
SEC. 3625. FACILITIES MANAGEMENT.
(a) PDUFA Authority.--Section 736(g)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379h(g)(2)) is amended--
(1) in subparagraph (A)(ii)--
(A) by striking ``shall be available to defray''
and inserting the following: ``shall be available--
``(I) for fiscal year 2023, to
defray'';
(B) by striking the period and inserting ``; and'';
and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and
each subsequent fiscal year, to defray
the costs of the resources allocated
for the process for the review of human
drug applications (including such costs
for an additional number of full-time
equivalent positions in the Department
of Health and Human Services to be
engaged in such process), only if the
sum of the amounts allocated by the
Secretary for such costs, excluding
costs paid from fees collected under
this section, plus other costs for the
maintenance, renovation, and repair of
facilities and acquisition,
maintenance, and repair of fixtures,
furniture, and other necessary
materials and supplies in connection
with the process for the review of
human drug applications, is no less
than the amount allocated for such
costs, excluding any such costs paid
from fees collected under this section,
for fiscal year 1997, multiplied by the
adjustment factor.''; and
(2) in subparagraph (B), by striking ``for the process for
the review of human drug applications'' and inserting ``as
described in subclause (I) or (II) of such subparagraph, as
applicable''.
(b) BsUFA Authority.--Section 744H(f)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-52(f)(2)) is amended--
(1) in subparagraph (B)(i)--
(A) by striking ``available for a fiscal year
beginning after fiscal year 2012'' and inserting the
following: ``available--
``(I) for fiscal year 2023,'';
(B) by striking ``the fiscal year involved.'' and
inserting ``such fiscal year; and''; and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and
each subsequent fiscal year, to defray
the costs of the process for the review
of biosimilar biological product
applications (including such costs for
an additional number of full-time
equivalent positions in the Department
of Health and Human Services to be
engaged in such process), only if the
sum of the amounts allocated by the
Secretary for such costs, excluding
costs paid from fees collected under
this section, plus other costs for the
maintenance, renovation, and repair of
facilities and acquisition,
maintenance, and repair of fixtures,
furniture, and other necessary
materials and supplies in connection
with the process for the review of
biosimilar biological product
applications, is no less than
$20,000,000, multiplied by the
adjustment factor applicable to the
fiscal year involved.''; and
(2) in subparagraph (C), by striking ``subparagraph (B) in
any fiscal year if the costs described in such subparagraph''
and inserting ``subparagraph (B)(i) in any fiscal year if the
costs allocated as described in subclause (I) or (II) of such
subparagraph, as applicable,''.
(c) GDUFA Authority.--Section 744B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-42) is amended--
(1) in subsection (e)(2), by striking ``744A(11)(C)'' and
inserting ``744A(12)(C)''; and
(2) in subsection (i)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``available for a fiscal
year beginning after fiscal year 2012'' and
inserting the following: ``available--
``(I) for fiscal year 2023,'';
(ii) by striking ``the fiscal year
involved.'' and inserting ``such fiscal year;
and''; and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and
each subsequent fiscal year, to defray
the costs of human generic drug
activities (including such costs for an
additional number of full-time
equivalent positions in the Department
of Health and Human Services to be
engaged in such activities), only if
the sum of the amounts allocated by the
Secretary for such costs, excluding
costs paid from fees collected under
this section, plus other costs for the
maintenance, renovation, and repair of
facilities and acquisition,
maintenance, and repair of fixtures,
furniture, and other necessary
materials and supplies in connection
with human generic drug activities, is
no less than $97,000,000 multiplied by
the adjustment factor defined in
section 744A(3) applicable to the
fiscal year involved.''; and
(B) in subparagraph (B), by striking ``for human
generic activities'' and inserting ``as described in
subclause (I) or (II) of such subparagraph, as
applicable,''.
(d) MDUFA Authority.--Section 738 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j), as amended by section 3309, is further
amended--
(1) in subsection (e)(2)(B)(iii), by inserting ``, if
extant,'' after ``national taxing authority'';
(2) in subsection (h)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``shall be available to
defray'' and inserting the following: ``shall
be available--
``(I) for fiscal year 2023, to
defray'';
(ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and
each subsequent fiscal year, to defray
the costs of the resources allocated
for the process for the review of
device applications (including such
costs for an additional number of full-
time equivalent positions in the
Department of Health and Human Services
to be engaged in such process), only if
the sum of the amounts allocated by the
Secretary for such costs, excluding
costs paid from fees collected under
this section, plus other costs for the
maintenance, renovation, and repair of
facilities and acquisition,
maintenance, and repair of fixtures,
furniture and other necessary materials
and supplies in connection with the
process for the review of device
applications, is no less than the
amount allocated for such costs,
excluding any such costs paid from fees
collected under this section, for
fiscal year 2009 multiplied by the
adjustment factor.''; and
(B) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ``for the process for the
review of device applications'' and inserting ``as
described in subclause (I) or (II) of such
subparagraph, as applicable''; and
(3) in subsection (g)(3), by striking ``737(9)(C)'' and
inserting ``737(10)(C)''.
(e) Technical Correction.--
(1) In general.--Section 905(b)(2) of the FDA
Reauthorization Act of 2017 (Public Law 115-52) is amended by
striking ``Section 738(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j(h)) is amended'' and inserting
``Subsection (g) of section 738 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j), as so redesignated by section
203(f)(2)(B)(i), is amended''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as though included in the enactment of
section 905 of the FDA Reauthorization Act of 2017 (Public Law
115-52).
SEC. 3626. USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.
(a) PDUFA.--
(1) Reauthorization; reporting requirements.--Section
736B(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379h-2(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) in clause (vii), by striking
``; and'' and inserting a semicolon;
(II) in clause (viii), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(ix) the number of investigational new
drug applications submitted per fiscal year,
including for each review division.''; and
(ii) by adding at the end the following
flush text:
``Nothing in subparagraph (B) shall be construed to authorize
the disclosure of information that is prohibited from
disclosure under section 301(j) of this Act or section 1905 of
title 18, United States Code, or that is subject to withholding
under section 552(b)(4) of title 5, United States Code.'';
(B) by adding at the end of paragraph (3)(B) the
following:
``(v) For fiscal years 2023 and 2024, of
the meeting requests from sponsors for which
the Secretary has determined that a face-to-
face meeting is appropriate, the number of
face-to-face meetings requested by sponsors to
be conducted in person (in such manner as the
Secretary shall prescribe on the website of the
Food and Drug Administration), and the number
of such in-person meetings granted by the
Secretary, with both such numbers disaggregated
by the relevant agency center.''; and
(C) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) data, analysis, and discussion of the changes
in the number of individuals hired as agreed upon in
the letters described in section 1001(b) of the
Prescription Drug User Fee Amendments of 2022 and the
number of remaining vacancies, the number of full-time
equivalents funded by fees collected pursuant to
section 736, and the number of full-time equivalents
funded by budget authority at the Food and Drug
Administration by each division within the Center for
Drug Evaluation and Research, the Center for Biologics
Evaluation and Research, the Office of Regulatory
Affairs, and the Office of the Commissioner;'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) data, analysis, and discussion of the changes
in the fee revenue amounts and costs for the process
for the review of human drug applications, including
identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost
per full-time equivalent in the prescription
drug review program;'';
(iii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) data, analysis, and discussion of the changes
in the average full-time equivalent hours required to
complete review of each type of human drug
application.''.
(2) Reauthorization.--Section 736B(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h-2(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting
the recommendations developed under
paragraphs (1) through (5) to the
Congress, the'' and inserting ``The'';
and
(II) by inserting ``, not later
than 30 days after each such
negotiation meeting'' before the period
at the end; and
(ii) in subparagraph (B), by inserting ``,
in sufficient detail,'' after ``shall
summarize''.
(b) MDUFA.--
(1) Reauthorization; reporting requirements.--Section
738A(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-1(a)(1)(A)) is amended--
(A) in clause (ii)--
(i) in subclause (II), by striking ``;
and'' and inserting a semicolon;
(ii) in subclause (III), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(IV) the number of
investigational device exemption
applications submitted under section
520(g) per fiscal year, including for
each review division; and
``(V) the number of expedited
development and priority review
requests and designations under section
515B per fiscal year, including for
each review division.
Nothing in this clause shall be construed to
authorize the disclosure of information that is
prohibited from disclosure under section 301(j)
of this Act or section 1905 of title 18, United
States Code, or that is subject to withholding
under section 552(b)(4) of title 5, United
States Code.''; and
(B) in clause (iv) (relating to rationale for MDUFA
program changes)--
(i) by amending subclause (I) to read as
follows:
``(I) data, analysis, and
discussion of the changes in the number
of individuals hired as agreed upon in
the letters described in section
2001(b) of the Medical Device User Fee
Amendments of 2022 and the number of
remaining vacancies, the number of
full-time equivalents funded by fees
collected pursuant to section 738, and
the number of full time equivalents
funded by budget authority at the Food
and Drug Administration by each
division within the Center for Devices
and Radiological Health, the Center for
Biologics Evaluation and Research, the
Office of Regulatory Affairs, and the
Office of the Commissioner;'';
(ii) by amending subclause (II) to read as
follows:
``(II) data, analysis, and
discussion of the changes in the fee
revenue amounts and costs for the
process for the review of device
applications, including identifying--
``(aa) drivers of such
changes; and
``(bb) changes in the
average total cost per full-
time equivalent in the medical
device review program;'';
(iii) in subclause (III), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(IV) data, analysis, and
discussion of the changes in the
average full-time equivalent hours
required to complete review of medical
device application types.''.
(2) Reauthorization.--Section 738A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting
the recommendations developed under
paragraphs (1) through (5) to the
Congress, the'' and inserting ``The'';
and
(II) by inserting ``, not later
than 30 days after each such
negotiation meeting'' before the period
at the end; and
(ii) in subparagraph (B), by inserting ``,
in sufficient detail,'' after ``shall
summarize''.
(c) GDUFA.--
(1) Reauthorization; reporting requirements.--Section
744C(a)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-43(a)(3)) is amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) data, analysis, and discussion of the changes
in the number of individuals hired as agreed upon in
the letters described in section 3001(b) of the Generic
Drug User Fee Amendments of 2022 and the number of
remaining vacancies, the number of full-time
equivalents funded by fees collected pursuant to
section 744B, and the number of full time equivalents
funded by budget authority at the Food and Drug
Administration by each division within the Center for
Drug Evaluation and Research, the Center for Biologics
Evaluation and Research, the Office of Regulatory
Affairs, and the Office of the Commissioner;'';
(B) by amending subparagraph (B) to read as
follows:
``(B) data, analysis, and discussion of the changes
in the fee revenue amounts and costs for human generic
drug activities, including--
``(i) identifying drivers of such changes;
and
``(ii) changes in the total average cost
per full-time equivalent in the generic drug
review program;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes
in the average full-time equivalent hours required to
complete review of each type of abbreviated new drug
application.''.
(2) Reauthorization.--Section 744C(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-43(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting
the recommendations developed under
paragraphs (1) through (5) to the
Congress, the'' and inserting ``The'';
and
(II) by inserting ``, not later
than 30 days after each such
negotiation meeting'' before the period
at the end; and
(ii) in subparagraph (B), by inserting ``,
in sufficient detail,'' after ``shall
summarize''.
(d) BsUFA.--
(1) Reauthorization; reporting requirements.--Section
744I(a)(4) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-53(a)(4)) is amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) data, analysis, and discussion of the changes
in the number of individuals hired as agreed upon in
the letters described in section 4001(b) of the
Biosimilar User Fee Amendments of 2022 and the number
of remaining vacancies, the number of full-time
equivalents funded by fees collected pursuant to
section 744H, and the number of full time equivalents
funded by budget authority at the Food and Drug
Administration by each division within the Center for
Drug Evaluation and Research, the Center for Biologics
Evaluation and Research, the Office of Regulatory
Affairs, and the Office of the Commissioner;'';
(B) by amending subparagraph (B) to read as
follows:
``(B) data, analysis, and discussion of the changes
in the fee revenue amounts and costs for the process
for the review of biosimilar biological product
applications, including identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost
per full-time equivalent in the biosimilar
biological product review program;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes
in the average full-time equivalent hours required to
complete review of each type of biosimilar biological
product application.''.
(2) Reauthorization.--Section 744I(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-53(f)) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Prior public input.--Prior to beginning negotiations
with the regulated industry on the reauthorization of this
part, the Secretary shall--
``(A) publish a notice in the Federal Register
requesting public input on the reauthorization;
``(B) hold a public meeting at which the public may
present its views on the reauthorization;
``(C) provide a period of 30 days after the public
meeting to obtain written comments from the public
suggesting changes to this part; and
``(D) publish the comments on the Food and Drug
Administration's website.
``(3) Periodic consultation.--Not less frequently than once
every month during negotiations with the regulated industry,
the Secretary shall hold discussions with representatives of
patient and consumer advocacy groups to continue discussions of
their views on the reauthorization and their suggestions for
changes to this part as expressed under paragraph (2).
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.''; and
(C) by adding at the end the following:
``(7) Minutes of negotiation meetings.--
``(A) Public availability.--The Secretary shall
make publicly available, on the public website of the
Food and Drug Administration, minutes of all
negotiation meetings conducted under this subsection
between the Food and Drug Administration and the
regulated industry, not later than 30 days after each
such negotiation meeting.
``(B) Content.--The minutes described under
subparagraph (A) shall summarize, in sufficient detail,
any substantive proposal made by any party to the
negotiations as well as significant controversies or
differences of opinion during the negotiations and
their resolution.''.
SEC. 3627. IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE FOOD AND
DRUG ADMINISTRATION.
(a) FDA Strategic Information Technology Plan.--
(1) In general.--Not later than September 30, 2023, and at
least every 4 years thereafter, the Secretary shall develop and
submit to the appropriate committees of Congress and post on
the website of the Food and Drug Administration, a coordinated
information technology strategic plan to modernize the
information technology systems of the Food and Drug
Administration. Each such report shall be known as the ``Food
and Drug Administration Strategic Information Technology
Plan''. The first such report may include the Data and
Technology Modernization Strategy, as set forth in the letters
described in section 1001(b) of the FDA User Fee
Reauthorization Act of 2022 (division F of Public Law 117-180).
(2) Content of strategic plan.--The Food and Drug
Administration Strategic Information Technology Plan under
paragraph (1) shall include--
(A) agency-wide strategic goals and priorities for
modernizing the information technology systems of the
Food and Drug Administration to maximize the efficiency
and effectiveness of such systems for enabling the Food
and Drug Administration to fulfill its public health
mission;
(B) specific activities and strategies for
achieving the goals and priorities identified under
subparagraph (A), and specific milestones, metrics, and
performance measures for assessing progress against
such strategic goals and priorities;
(C) specific activities and strategies for
improving and streamlining internal coordination and
communication within the Food and Drug Administration,
including for activities and communications related to
signals of potential public health concerns;
(D) challenges and risks the Food and Drug
Administration will face in meeting its strategic goals
and priorities, and the activities the Food and Drug
Administration will undertake to overcome those
challenges and mitigate those risks;
(E) the ways in which the Food and Drug
Administration will use the Plan to guide and
coordinate the projects and activities of the Food and
Drug Administration across its offices and centers; and
(F) a skills inventory, needs assessment, gap
analysis, and initiatives to address skills gaps as
part of a strategic approach to information technology
human capital planning.
(3) Evaluation of progress.--Each Food and Drug
Administration Strategic Information Technology Plan issued
pursuant to this subsection, with the exception of the first
such Food and Drug Administration Strategic Information
Technology Plan, shall include an evaluation of--
(A) the progress the Secretary has made, based on
the metrics, benchmarks, and other milestones that
measure successful development and implementation of
information technology systems; and
(B) whether actions taken in response to the
previous Plan improved the capacity of the Food and
Drug Administration to achieve the strategic goals and
priorities set forth in such previous Plans.
(b) GAO Report.--
(1) In general.--Not later than September 30, 2026, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing the implementation of the
Food and Drug Administration Strategic Information Technology
Plan adopted pursuant to subsection (a).
(2) Content of report.--The report required under paragraph
(1) shall include an assessment of--
(A) the development and implementation of the Food
and Drug Administration Strategic Information
Technology Plan, including the sufficiency of the plan,
progress of the Food and Drug Administration in meeting
the results-oriented goals, milestones, and performance
measures identified in such plan and any gaps in such
implementation;
(B) the efficiency and effectiveness of the Food
and Drug Administration's expenditures on information
technology systems over the preceding 10 fiscal years,
including the implementation by the Food and Drug
Administration of the Technology Modernization Action
Plan and Data Modernization Action Plan;
(C) challenges posed by the information technology
systems of the Food and Drug Administration for
carrying out the Food and Drug Administration's public
health mission, including on meeting user fee agreement
performance goals, conducting inspections, responding
to identified safety concerns, and keeping pace with
new scientific and medical advances; and
(D) recommendations for the Food and Drug
Administration to address the identified challenges,
improve its implementation of the Food and Drug
Administration Strategic Information Technology Plan,
and to otherwise improve the Food and Drug
Administration's information technology systems.
SEC. 3628. REPORTING ON MAILROOM AND OFFICE OF THE EXECUTIVE
SECRETARIAT OF THE FOOD AND DRUG ADMINISTRATION.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives on--
(1) information related to policies, procedures, and
activities of the mailroom and the Office of the Executive
Secretariat of the Food and Drug Administration, including--
(A) taking receipt, tracking, managing, and
prioritizing confidential informant complaints;
(B) taking receipt of common carrier packages to
the Food and Drug Administration;
(C) the organizational structure and management of
the mailroom;
(D) the organizational structure and management of
the Office of the Executive Secretariat;
(E) the total number of employees and contractors
in the mailroom including those working remotely and
those working in person;
(F) the total number of employees and contractors
in the Office of the Executive Secretariat;
(G) the number of vacant positions in the mailroom;
(H) the number of vacant positions in the Office of
the Executive Secretariat;
(I) the average number of days for response to
correspondence received by the Office of the
Secretariat;
(J) the extent to which there is a backlog of
common carrier packages received by the mailroom and
the number of common carrier packages in any backlog;
(K) the extent to which there is a backlog of
correspondence in the Office of the Executive
Secretariat that has not been appropriately responded
to by the Food and Drug Administration and the number
of correspondence or common carrier packages in any
backlog;
(L) a rationale for the failure of the Office of
the Executive Secretariat to respond to correspondence
in any backlog and the position of the decision-making
official who determined not to respond to such
correspondence;
(M) the number of whistleblower correspondence
received, including within each agency center;
(N) the amount of resources expended for the
mailroom, including a breakdown of budget authority and
user fee dollars;
(O) the amount of resources expended for the Office
of the Executive Secretariat and correspondence-related
activities, including a breakdown of budget authority
and user fee dollars; and
(P) the performance of third-party contractors
responsible for correspondence-related activities with
respect to the receipt and tracking of correspondence,
and efforts by the Food and Drug Administration to
improve performance by such contractors; and
(2) the development and implementation of new or revised
policies and procedures of the Food and Drug Administration to
monitor and ensure--
(A) the effective receipt, tracking, managing, and
prioritization of such complaints; and
(B) the effective receipt of common carrier
packages to the Food and Drug Administration.
(b) Annual Report.--Not later than the end of each of fiscal years
2023 and 2024, the Secretary shall issue a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives on the
implementation of the new or revised policies of the Food and Drug
Administration reported under subsection (a)(2), and since such
implementation--
(1) the volume of incoming common carrier packages to the
mailroom;
(2) the volume of incoming correspondence to the Office of
the Executive Secretariat;
(3) the extent to which new backlogs occur in the
processing of common carrier packages received by the mailroom;
(4) the extent to which new backlogs occur in the
processing of correspondence received by the Office of the
Executive Secretariat;
(5) the length of time required to resolve each such
backlog;
(6) any known issues of unreasonable delays in
correspondence being provided to the intended recipient, or in
correspondence being lost, and the measures taken to remedy
such delays or lost items;
(7) the average number of days it takes to respond to
correspondence received by the Office of the Executive
Secretariat;
(8) the resources expended by the mailroom, including a
breakdown of budget authority and user fee dollars; and
(9) the resources expended by the Office of the Executive
Secretariat on correspondence-related activities, including a
breakdown of budget authority and user fee dollars.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing the policies and practices of the
Division of Executive Operations of the Office of the Executive
Secretariat of the Food and Drug Administration with respect to the
receipt, tracking, managing, and prioritization of correspondence.
SEC. 3629. FACILITATING THE USE OF REAL WORLD EVIDENCE.
(a) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue or revise existing guidance on
considerations for the use of real world data and real world evidence
to support regulatory decision-making, as follows:
(1) With respect to drugs, such guidance shall address the
use of such data and evidence to support the approval of a drug
application under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or a biological product
application under section 351 of the Public Health Service Act
(42 U.S.C. 262), and to support an investigational use
exemption submission under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)). Such
guidance shall include considerations for the inclusion, in
such applications and submissions, of real world data and real
world evidence obtained as a result of the use of drugs
authorized for emergency use under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), and
considerations for standards and methodologies for collection
and analysis of real world evidence included in such
applications and submissions, as appropriate.
(2) With respect to devices, such guidance shall address
the use of such data and evidence to support the approval,
clearance, or classification of a device pursuant to an
application or submission submitted under section 510(k),
513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360(k), 360c(f)(2), 360e), to support an
investigational use exemption submission under section 520(g)
of such Act (21 U.S.C. 360j(g)), and to support a determination
by the Secretary for purposes of section 353 of the Public
Health Service Act (42 U.S.C. 263a) (including the category
described under subsection (d)(3) of such section). Such
guidance shall include considerations for the inclusion, in
such applications and submissions, of real world data and real
world evidence obtained as a result of the use of devices
authorized for emergency use under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), including
considerations related to a determination under section
353(d)(3) of the Public Health Service Act (42 U.S.C.
263a(d)(3)), and considerations for standards and methodologies
for collection and analysis of real world evidence included in
such applications, submissions, or determinations, as
appropriate.
(b) Report to Congress.--Not later than 2 years after the end of
the public health emergency declared by the Secretary under section 319
of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
with respect to COVID-19, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
on--
(1) the number of applications, submissions, or requests
submitted for clearance, approval, or authorization under
section 505, 510(k), 513(f)(2), or 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2),
360e) or section 351 of the Public Health Service Act (42
U.S.C. 262), for which an authorization under section 564 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3)
was previously granted;
(2) of the number of applications so submitted, the number
of such applications--
(A) for which real world evidence was submitted and
used to support a regulatory decision; and
(B) for which real world evidence was submitted and
determined to be insufficient to support a regulatory
decision; and
(3) a summary explanation of why, in the case of
applications described in paragraph (2)(B), real world evidence
could not be used to support regulatory decisions.
(c) Information Disclosure.--Nothing in this section shall be
construed to authorize the disclosure of information that is prohibited
from disclosure under section 1905 of title 18, United States Code, or
subject to withholding under subsection (b)(4) of section 552 of title
5, United States Code (commonly referred to as the ``Freedom of
Information Act'').
SEC. 3630. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO
APPROVAL.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended--
(1) in paragraph (a)--
(A) by striking ``drugs for coverage'' and
inserting ``drugs or devices for coverage''; and
(B) by striking ``drug'' each place it appears and
inserting ``drug or device'', respectively;
(2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under
section 505 or under section 351 of the Public Health Service
Act'' and inserting ``under section 505, 510(k), 513(f)(2), or
515 of this Act or section 351 of the Public Health Service
Act'';
(3) in paragraph (a)(1)--
(A) by striking ``under section 505 or under
section 351(a) of the Public Health Service Act'' and
inserting ``under section 505, 510(k), 513(f)(2), or
515 of this Act or section 351 of the Public Health
Service Act''; and
(B) by striking ``in section 505(a) or in
subsections (a) and (k) of section 351 of the Public
Health Service Act'' and inserting ``in section 505,
510(k), 513(f)(2), or 515 of this Act or section 351 of
the Public Health Service Act''; and
(4) by adding at the end the following:
``(gg)(1) Unless its labeling bears adequate directions for use in
accordance with paragraph (f), except that (in addition to drugs or
devices that conform with exemptions pursuant to such paragraph) no
drug or device shall be deemed to be misbranded under such paragraph
through the provision of truthful and not misleading product
information to a payor, formulary committee, or other similar entity
with knowledge and expertise in the area of health care economic
analysis carrying out its responsibilities for the selection of drugs
or devices for coverage or reimbursement if the product information
relates to an investigational drug or device or investigational use of
a drug or device that is approved, cleared, granted marketing
authorization, or licensed under section 505, 510(k), 513(f)(2), or 515
of this Act or section 351 of the Public Health Service Act (as
applicable), provided--
``(A) the product information includes--
``(i) a clear statement that the investigational
drug or device or investigational use of a drug or
device has not been approved, cleared, granted
marketing authorization, or licensed under section 505,
510(k), 513(f)(2), or 515 of this Act or section 351 of
the Public Health Service Act (as applicable) and that
the safety and effectiveness of such drug or device for
such use has not been established;
``(ii) information related to the stage of
development of the drug or device involved, such as--
``(I) the status of any study or studies in
which the investigational drug or device or
investigational use is being investigated;
``(II) how the study or studies relate to
the overall plan for the development of the
drug or device; and
``(III) whether an application, premarket
notification, or request for classification for
the investigational drug or device or
investigational use has been submitted to the
Secretary and when such a submission is
planned;
``(iii) in the case of information that includes
factual presentations of results from studies, which
shall not be selectively presented, a description of--
``(I) all material aspects of study design,
methodology, and results; and
``(II) all material limitations related to
the study design, methodology, and results;
``(iv) where applicable, a prominent statement
disclosing the indication or indications for which the
Secretary has approved, granted marketing
authorization, cleared, or licensed the product
pursuant to section 505, 510(k), 513(f)(2), or 515 of
this Act or section 351 of the Public Health Service
Act, and a copy of the most current required labeling;
and
``(v) updated information, if previously
communicated information becomes materially outdated as
a result of significant changes or as a result of new
information regarding the product or its review status;
and
``(B) the product information does not include--
``(i) information that represents that an
unapproved product--
``(I) has been approved, cleared, granted
marketing authorization, or licensed under
section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service
Act (as applicable); or
``(II) has otherwise been determined to be
safe or effective for the purpose or purposes
for which the drug or device is being studied;
or
``(ii) information that represents that an
unapproved use of a drug or device that has been so
approved, granted marketing authorization, cleared, or
licensed--
``(I) is so approved, granted marketing
authorization, cleared, or licensed; or
``(II) that the product is safe or
effective for the use or uses for which the
drug or device is being studied.
``(2) For purposes of this paragraph, the term `product
information' includes--
``(A) information describing the drug or device (such as
drug class, device description, and features);
``(B) information about the indication or indications being
investigated;
``(C) the anticipated timeline for a possible approval,
clearance, marketing authorization, or licensure pursuant to
section 505, 510(k), 513, or 515 of this Act or section 351 of
the Public Health Service Act;
``(D) drug or device pricing information;
``(E) patient utilization projections;
``(F) product-related programs or services; and
``(G) factual presentations of results from studies that do
not characterize or make conclusions regarding safety or
efficacy.''.
(b) GAO Study and Report.--Beginning on the date that is 5 years
and 6 months after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a study on the provision and
use of information pursuant to section 502(gg) of the Federal Food,
Drug, and Cosmetic Act, as added by this subsection (a), between
manufacturers of drugs and devices (as defined in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities
described in such section 502(gg). Such study shall include an analysis
of the following:
(1) The types of information communicated between such
manufacturers and payors.
(2) The manner of communication between such manufacturers
and payors.
(3)(A) Whether such manufacturers file an application for
approval, marketing authorization, clearance, or licensing of a
new drug or device or the new use of a drug or device that is
the subject of communication between such manufacturers and
payors under section 502(gg) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a).
(B) How frequently the Food and Drug Administration
approves, grants marketing authorization, clears, or licenses
the new drug or device or new use.
(C) The timeframe between the initial communications
permitted under section 502(gg) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), regarding an
investigational drug or device or investigational use, and the
initial marketing of such drug or device.
SEC. 3631. STREAMLINING BLOOD DONOR INPUT.
Chapter 35 of title 44, United States Code, shall not apply to the
collection of information to which a response is voluntary and that is
initiated by the Secretary to solicit information from blood donors or
potential blood donors to support the development of recommendations by
the Secretary, acting through the Commissioner of Food and Drugs,
concerning blood donation.
TITLE IV--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
SEC. 4101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT
FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``during the portion of fiscal year 2023
beginning on December 24, 2022, and ending on September 30,
2023, and in fiscal year 2024'' and inserting ``in fiscal year
2025'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or portion of a fiscal
year''; and
(ii) by striking ``through 2022 and the
portion of fiscal year 2023 beginning on
October 1, 2022, and ending on December 23,
2022''' and inserting ``through 2024'';
(B) in subclause (III), by striking ``through 2022
and the portion of fiscal year 2023 beginning on
October 1, 2022, and ending on December 23, 2022''' and
inserting ``through 2024''; and
(C) in subclause (IV), by striking ``the portion of
fiscal year 2023 beginning on December 24, 2022, and
ending on September 30, 2023, and fiscal year 2024''
and inserting ``fiscal year 2025''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2022 or during the portion of fiscal year
2023 beginning on October 1, 2022, and ending on
December 23, 2022''' and inserting ``through 2024'';
and
(B) in clause (ii), by striking ``through 2022 and
the portion of fiscal year 2023 beginning on October 1,
2022, and ending on December 23, 2022''' and inserting
``through 2024''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the provisions
of, including the amendments made by, this section by program
instruction or otherwise.
SEC. 4102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``December 24, 2022'' and
inserting ``October 1, 2024''; and
(2) in clause (ii)(II), by striking ``December 24, 2022''
and inserting ``October 1, 2024''.
(b) Conforming Amendments.--
(1) Extension of target amounts.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``December 24, 2022'' and inserting ``October 1,
2024''; and
(B) in clause (iv), by striking ``fiscal year 2022
and the portion of fiscal year 2023 beginning on
October 1, 2022, and ending on December 23, 2022,'' and
inserting ``fiscal year 2024''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal
year 2000 through fiscal year 2022, or the portion of fiscal
year 2023 beginning on October 1, 2022, and ending on December
23, 2022'' and inserting ``or fiscal year 2000 through fiscal
year 2024''.
SEC. 4103. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (12)(A), by striking ``January 1, 2023''
and inserting ``January 1, 2025''; and
(2) in paragraph (13), by striking ``January 1, 2023'' in
each place it appears and inserting ``January 1, 2025'' in each
such place.
Subtitle B--Other Expiring Medicare Provisions
SEC. 4111. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE
ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``2024'' and inserting ``2025'';
and
(B) by inserting ``(or, with respect to 2025, 3.5
percent)'' after ``5 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the header, by striking ``2024'' and
inserting ``2025''; and
(ii) in the matter preceding clause (i), by
striking ``2024'' and inserting ``2025'';
(B) in subparagraph (C)--
(i) in the header, by striking ``2025'' and
inserting ``2026''; and
(ii) in the matter preceding clause (i), by
striking ``2025'' and inserting ``2026''; and
(C) in subparagraph (D), by striking ``2023 and
2024'' and inserting ``2023, 2024, and 2025''; and
(3) in paragraph (4)(B), by inserting ``(or, with respect
to 2025, 3.5 percent)'' after ``5 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by striking ``2024'' and inserting
``2025''; and
(2) in subclause (III), by striking ``2025'' and inserting
``2026''.
SEC. 4112. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER PROFESSIONALS
IN ADJUSTING TO MEDICARE PAYMENT CHANGES.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) in subsection (c)(2)(B)(iv)(V), by striking ``2021 or
2022'' and inserting ``2021, 2022, 2023, or 2024''; and
(2) in subsection (t)--
(A) in the subsection header, by striking ``2021
and 2022'' and inserting ``2021 Through 2024'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``during 2021 and 2022'' and
inserting ``during 2021, 2022, 2023, and
2024''; and
(ii) in subparagraph (A), by striking at
the end ``and'';
(iii) in subparagraph (B), by striking at
the end the period and inserting a semicolon;
and
(iv) by adding at the end the following new
subparagraphs:
``(C) such services furnished on or after January
1, 2023, and before January 1, 2024, by 2.5 percent;
and
``(D) such services furnished on or after January,
1, 2024, and before January 1, 2025, by 1.25
percent.''; and
(C) in paragraph (2)(C)--
(i) in the subparagraph header, by striking
``2021 and 2022'' and inserting ``2021 through
2024'';
(ii) by striking ``for services furnished
in 2021 or 2022'' and inserting ``for services
furnished in 2021, 2022, 2023, or 2024''; and
(iii) by striking ``or 2022, respectively''
and inserting ``, 2022, 2023, or 2024,
respectively''.
SEC. 4113. ADVANCING TELEHEALTH BEYOND COVID-19.
(a) Removing Geographic Requirements and Expanding Originating
Sites for Telehealth Services.--Section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii)--
(A) by striking ``With'' and inserting ``In the
case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, with'';
and
(B) by striking ``that are furnished during the
151-day period beginning on the first day after the end
of the emergency period described in section
1135(g)(1)(B)'' and inserting ``that are furnished
during the period beginning on the first day after the
end of such emergency period and ending December 31,
2024''; and
(2) in paragraph (4)(C)(iii)--
(A) by striking ``With'' and inserting ``In the
case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, with'';
and
(B) by striking ``that are furnished during the
151-day period beginning on the first day after the end
of the emergency period described in section
1135(g)(1)(B)'' and inserting ``that are furnished
during the period beginning on the first day after the
end of such emergency period and ending on December 31,
2024''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day period
beginning on the first day after the end of the emergency period
described in section 1135(g)(1)(B)'' and inserting ``and, in the case
that the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, for the period beginning on the first day
after the end of such emergency period and ending on December 31,
2024''.
(c) Extending Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8)(A) of the Social
Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking ``during
the 151-day period beginning on the first day after the end of such
emergency period'' and inserting ``in the case that such emergency
period ends before December 31, 2024, during the period beginning on
the first day after the end of such emergency period and ending on
December 31, 2024''.
(d) Delaying the In-person Requirements Under Medicare for Mental
Health Services Furnished Through Telehealth and Telecommunications
Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of the
Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended,
in the matter preceding subclause (I), by striking ``on or
after the day that is the 152nd day after the end of the period
at the end of the emergency sentence described in section
1135(g)(1)(B))'' and inserting ``on or after January 1, 2025
(or, if later, the first day after the end of the emergency
period described in section 1135(g)(1)(B))''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y) of the Social Security Act (42 U.S.C.
1395m(y)) is amended--
(A) in the heading, by striking ``to hospice
patients''; and
(B) in paragraph (2), by striking ``prior to the
day that is the 152nd day after the end of the
emergency period described in section 1135(g)(1)(B))''
and inserting ``prior to January 1, 2025 (or, if later,
the first day after the end of the emergency period
described in section 1135(g)(1)(B))''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4) of the Social Security Act
(42 U.S.C. 1395m(o)(4) is amended--
(A) in the heading, by striking ``to hospice
patients''; and
(B) in subparagraph (B), by striking ``prior to the
day that is the 152nd day after the end of the
emergency period described in section 1135(g)(1)(B))''
and inserting ``prior to January 1, 2025 (or, if later,
the first day after the end of the emergency period
described in section 1135(g)(1)(B))''.
(e) Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``The Secretary shall continue to
provide coverage and payment under this part for telehealth services
identified in paragraph (4)(F)(i) as of the date of the enactment of
this paragraph that are furnished via an audio-only telecommunications
system during the 151-day period beginning on the first day after the
end of the emergency period described in section 1135(g)(1)(B)'' and
inserting ``In the case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, the Secretary shall
continue to provide coverage and payment under this part for telehealth
services identified in paragraph (4)(F)(i) as of the date of the
enactment of this paragraph that are furnished via an audio-only
communications system during the period beginning on the first day
after the end of such emergency period and ending on December 31,
2024''.
(f) Use of Telehealth to Conduct Face-to-face Encounter Prior to
Recertification of Eligibility for Hospice Care During Emergency
Period.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42
U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the
151-day period beginning on the first day after the end of such
emergency period'' and inserting ``and, in the case that such emergency
period ends before December 31, 2024, during the period beginning on
the first day after the end of such emergency period described in such
section 1135(g)(1)(B) and ending on December 31, 2024''.
(g) Study on Telehealth and Medicare Program Integrity.--
(1) In general.--
(A) Study.--The Secretary shall conduct a study
using medical record review, as described in
subparagraph (C), on program integrity related to
telehealth services under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.).
(B) Scope of study.--In conducting the study under
subparagraph (A), the Secretary shall review and
analyze information (to the extent that such
information is available) on the duration of telehealth
services furnished, the types of telehealth services
furnished, and, to the extent feasible, the impact of
the telehealth services furnished on future utilization
of health care services by Medicare beneficiaries, such
as the utilization of additional telehealth services or
in-person services, including hospitalizations and
emergency department visits. The Secretary may also
review and analyze information on--
(i) any geographic differences in
utilization of telehealth services;
(ii) documentation of the care and methods
of delivery associated with telehealth
services; and
(iii) other areas, as determined
appropriate by the Secretary.
(C) Medical record review.--In conducting the study
under subparagraph (A), the Secretary shall conduct
medical record review of a sample of claims for
telehealth services with dates of service during the
period beginning on January 1, 2022, and ending on
December 31, 2024. For such claims with a date of
service during the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42
U.S.C. 1320b-5(g)(1)(B)), the Secretary shall only
conduct medical record review of those claims that have
undergone standard program integrity review (as defined
in paragraph (2)(B)), as determined appropriate by the
Secretary.
(D) Reports.--
(i) Interim report.--Not later than October
1, 2024, the Secretary shall submit to the
Committee on Finance of the Senate and the
Committee on Energy and Commerce and the
Committee on Ways and Means of the House of
Representatives an interim report on the study
conducted under subparagraph (A).
(ii) Final report.--Not later than April 1,
2026, the Secretary shall submit to the
Committee on Finance of the Senate and the
Committee on Energy and Commerce and the
Committee on Ways and Means of the House of
Representatives a final report on the study
conducted under subparagraph (A).
(2) Definitions.--In this subsection:
(A) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(B) Standard program integrity review.--The term
``standard program integrity review'' refers to the
review of any claim that requires a review of the
associated medical record by the Secretary to determine
the medical necessity of the services furnished or to
identify potential fraud.
(C) Telehealth service.--The term ``telehealth
service'' has the meaning given that term in section
1834(m)(4)(F) of the Social Security Act (42 U.S.C.
1395(m)(4)(F)).
(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out
of any amounts in the Treasury not otherwise appropriated,
$10,000,000, to remain available until expended, for purposes
of carrying out this subsection.
(h) Program Instruction Authority.--Notwithstanding any other
provision of law, the Secretary of Health and Human Services may
implement the provisions of, including amendments made by, this section
through program instruction or otherwise.
SEC. 4114. REVISED PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST
PAYMENT CHANGES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2025'' and
inserting ``through 2026''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``and 2022'' and
inserting ``through 2023''; and
(B) in clause (iii), by striking ``2023 through
2025'' and inserting ``2024 through 2026''.
(b) Revised Reporting Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2023'' and inserting
``January 1, 2024''; and
(B) by striking ``March 31, 2023'' and inserting
``March 31, 2024''.
Subtitle C--Medicare Mental Health Provisions
SEC. 4121. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND
MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE
MEDICARE PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (GG), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (HH), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(II) marriage and family therapist services (as defined
in subsection (lll)(1)) and mental health counselor services
(as defined in subsection (lll)(3));''.
(2) Definitions.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following
new subsection:
``(lll) Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor.--
``(1) Marriage and family therapist services.--The term
`marriage and family therapist services' means services
furnished by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental
illnesses (other than services furnished to an inpatient of a
hospital), which the marriage and family therapist is legally
authorized to perform under State law (or the State regulatory
mechanism provided by State law) of the State in which such
services are furnished, as would otherwise be covered if
furnished by a physician or as an incident to a physician's
professional service.
``(2) Marriage and family therapist.--The term `marriage
and family therapist' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a marriage
and family therapist pursuant to State law of the State
in which such individual furnishes the services
described in paragraph (1);
``(B) is licensed or certified as a marriage and
family therapist by the State in which such individual
furnishes such services;
``(C) after obtaining such degree has performed at
least 2 years of clinical supervised experience in
marriage and family therapy; and
``(D) meets such other requirements as specified by
the Secretary.
``(3) Mental health counselor services.--The term `mental
health counselor services' means services furnished by a mental
health counselor (as defined in paragraph (4)) for the
diagnosis and treatment of mental illnesses (other than
services furnished to an inpatient of a hospital), which the
mental health counselor is legally authorized to perform under
State law (or the State regulatory mechanism provided by the
State law) of the State in which such services are furnished,
as would otherwise be covered if furnished by a physician or as
incident to a physician's professional service.
``(4) Mental health counselor.--The term `mental health
counselor' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a mental
health counselor, clinical professional counselor, or
professional counselor under the State law of the State
in which such individual furnishes the services
described in paragraph (3);
``(B) is licensed or certified as a mental health
counselor, clinical professional counselor, or
professional counselor by the State in which the
services are furnished;
``(C) after obtaining such a degree has performed
at least 2 years of clinical supervised experience in
mental health counseling; and
``(D) meets such other requirements as specified by
the Secretary.''.
(3) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)), as amended by section
11101(b) of Public Law 117-169, is further amended--
(A) by striking ``, and (EE)'' and inserting
``(EE)''; and
(B) by inserting before the semicolon at the end
the following: ``and (FF) with respect to marriage and
family therapist services and mental health counselor
services under section 1861(s)(2)(II), the amounts paid
shall be 80 percent of the lesser of the actual charge
for the services or 75 percent of the amount determined
for payment of a psychologist under subparagraph (L)''.
(4) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing facility
prospective payment system.--Section 1888(e)(2)(A)(ii) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
by inserting ``marriage and family therapist services (as
defined in section 1861(lll)(1)), mental health counselor
services (as defined in section 1861(lll)(3)),'' after
``qualified psychologist services,''.
(5) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of claims.--
Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the following
new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(lll)(2)).
``(viii) A mental health counselor (as defined in section
1861(lll)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in Certain
Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act (42
U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a
clinical social worker (as defined in subsection (hh)(1))'' and
inserting ``, by a clinical social worker (as defined in
subsection (hh)(1)), by a marriage and family therapist (as
defined in subsection (lll)(2)), or by a mental health
counselor (as defined in subsection (lll)(4))''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of
the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is
amended by inserting ``, marriage and family therapist, or
mental health counselor'' after ``social worker''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2024.
SEC. 4122. ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``and (9)'' and
inserting ``(9), and (10)'';
(2) in paragraph (4)(H)(i), by striking ``and (9)'' and
inserting ``(9), and (10)''; and
(3) by adding at the end the following new paragraph:
``(10) Distribution of additional residency positions in
psychiatry and psychiatry subspecialties.--
``(A) Additional residency positions.--
``(i) In general.--For fiscal year 2026,
the Secretary shall, subject to the succeeding
provisions of this paragraph, increase the
otherwise applicable resident limit for each
qualifying hospital (as defined in subparagraph
(F)) that submits a timely application under
this subparagraph by such number as the
Secretary may approve effective beginning July
1 of the fiscal year of the increase.
``(ii) Number available for distribution.--
The aggregate number of such positions made
available under this paragraph shall be equal
to 200.
``(iii) Distribution for psychiatry or
psychiatry subspecialty residencies.--At least
100 of the positions made available under this
paragraph shall be distributed for a psychiatry
or psychiatry subspecialty residency (as
defined in subparagraph (F)).
``(iv) Timing.--The Secretary shall notify
hospitals of the number of positions
distributed to the hospital under this
paragraph as a result of an increase in the
otherwise applicable resident limit by January
31 of the fiscal year of the increase. Such
increase shall be effective beginning July 1 of
such fiscal year.
``(B) Distribution.--For purposes of providing an
increase in the otherwise applicable resident limit
under subparagraph (A), the following shall apply:
``(i) Considerations in distribution.--In
determining for which qualifying hospitals such
an increase is provided under subparagraph (A),
the Secretary shall take into account the
demonstrated likelihood of the hospital filling
the positions made available under this
paragraph within the first 5 training years
beginning after the date the increase would be
effective, as determined by the Secretary.
``(ii) Minimum distribution for certain
categories of hospitals.--With respect to the
aggregate number of such positions available
for distribution under this paragraph, the
Secretary shall distribute not less than 10
percent of such aggregate number to each of the
following categories of hospitals:
``(I) Hospitals that are located in
a rural area (as defined in section
1886(d)(2)(D)) or are treated as being
located in a rural area pursuant to
section 1886(d)(8)(E).
``(II) Hospitals in which the
reference resident level of the
hospital (as specified in subparagraph
(F)(iii)) is greater than the otherwise
applicable resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools
that received `Candidate
School' status from the Liaison
Committee on Medical Education
or that received `Pre-
Accreditation' status from the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation on or after
January 1, 2000, and that have
achieved or continue to
progress toward `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or toward `Accreditation'
status (as such term is defined
by the American Osteopathic
Association Commission on
Osteopathic College
Accreditation); or
``(bb) additional locations
and branch campuses established
on or after January 1, 2000, by
medical schools with `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or `Accreditation' status (as
such term is defined by the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation).
``(IV) Hospitals that serve areas
designated as health professional
shortage areas under section
332(a)(1)(A) of the Public Health
Service Act, as determined by the
Secretary.
``(iii) Pro rata application.--The
Secretary shall ensure that each qualifying
hospital that submits a timely application
under subparagraph (A) receives at least 1 (or
a fraction of 1) of the positions made
available under this paragraph before any
qualifying hospital receives more than 1 of
such positions.
``(C) Requirements.--
``(i) Limitation.--A hospital may not
receive more than 10 additional full-time
equivalent residency positions under this
paragraph.
``(ii) Prohibition on distribution to
hospitals without an increase agreement.--No
increase in the otherwise applicable resident
limit of a hospital may be made under this
paragraph unless such hospital agrees to
increase the total number of full-time
equivalent residency positions under the
approved medical residency training program of
such hospital by the number of such positions
made available by such increase under this
paragraph.
``(iii) Requirement for hospitals to expand
programs.--If a hospital that receives an
increase in the otherwise applicable resident
limit under this paragraph would be eligible
for an adjustment to the otherwise applicable
resident limit for participation in a new
medical residency training program under
section 413.79(e)(3) of title 42, Code of
Federal Regulations (or any successor
regulation), the hospital shall ensure that any
positions made available under this paragraph
are used to expand an existing program of the
hospital, and not for participation in a new
medical residency training program.
``(D) Application of per resident amounts for
nonprimary care.--With respect to additional residency
positions in a hospital attributable to the increase
provided under this paragraph, the approved FTE per
resident amounts are deemed to be equal to the hospital
per resident amounts for nonprimary care computed under
paragraph (2)(D) for that hospital.
``(E) Permitting facilities to apply aggregation
rules.--The Secretary shall permit hospitals receiving
additional residency positions attributable to the
increase provided under this paragraph to, beginning in
the fifth year after the effective date of such
increase, apply such positions to the limitation amount
under paragraph (4)(F) that may be aggregated pursuant
to paragraph (4)(H) among members of the same
affiliated group.
``(F) Definitions.--In this paragraph:
``(i) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital, the
limit otherwise applicable under subparagraphs
(F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without
regard to this paragraph but taking into
account paragraphs (7)(A), (7)(B), (8)(A),
(8)(B), and (9)(A).
``(ii) Psychiatry or psychiatry
subspecialty residency.--The term `psychiatry
or psychiatry subspecialty residency' means a
residency in psychiatry as accredited by the
Accreditation Council for Graduate Medical
Education for the purpose of preventing,
diagnosing, and treating mental health
disorders.
``(iii) Qualifying hospital.--The term
`qualifying hospital' means a hospital
described in any of subclauses (I) through (IV)
of subparagraph (B)(ii).
``(iv) Reference resident level.--The term
`reference resident level' means, with respect
to a hospital, the resident level for the most
recent cost reporting period of the hospital
ending on or before the date of enactment of
this paragraph, for which a cost report has
been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
``(v) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking ``and
(h)(9)'' and inserting ``(h)(9), and (h)(10)'';
(2) by moving clause (xii) 4 ems to the left; and
(3) by adding at the end the following new clause:
``(xiii) For discharges occurring on or after July 1, 2026,
insofar as an additional payment amount under this subparagraph
is attributable to resident positions distributed to a hospital
under subsection (h)(10), the indirect teaching adjustment
factor shall be computed in the same manner as provided under
clause (ii) with respect to such resident positions.''.
(c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by
inserting ``paragraph (10),'' after ``paragraph (8),''.
SEC. 4123. IMPROVING MOBILE CRISIS CARE IN MEDICARE.
(a) Payment for Psychotherapy for Crisis Services Furnished in an
Applicable Site of Service.--
(1) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)) is amended by adding at the end the
following new paragraph:
``(12) Payment for psychotherapy for crisis services
furnished in an applicable site of service.--
``(A) In general.--The Secretary shall establish
new HCPCS codes under the fee schedule established
under this subsection for services described in
subparagraph (B) that are furnished on or after January
1, 2024.
``(B) Services described.--The services described
in this subparagraph are psychotherapy for crisis
services that are a furnished in an applicable site of
service.
``(C) Amount of payment.--For services described in
subparagraph (B) that are furnished to an individual in
a year (beginning with 2024), in lieu of the fee
schedule amount that would otherwise be determined
under this subsection for such year, the fee schedule
amount for such services for such year shall be equal
to 150 percent of the fee schedule amount for non-
facility sites of service for such year determined for
services identified, as of January 1, 2022, by HCPCS
codes 90839 and 90840 (and any succeeding codes).
``(D) Definitions.--In this paragraph:
``(i) Applicable site of service.--The term
`applicable site of service' means a site of
service other than a site where the facility
rate under the fee schedule under this
subsection applies and other than an office
setting.
``(ii) Psychotherapy for crisis services.--
The code descriptions for services described in
subparagraph (B) shall be the same as the code
descriptions for services identified, as of
January 1, 2022, by HCPCS codes 90839 and 90840
(and any succeeding codes), except that such
new codes shall be limited to services
furnished in an applicable site of service.''.
(2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv)
of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by striking the period at the
end and inserting ``; and'' and
(C) by adding at the end the following new
subclause:
``(VI) subsection (b)(12) shall not
be taken into account in applying
clause (ii)(II) for 2024.''.
(b) Education and Outreach.--Not later than January 1, 2024, the
Secretary shall use existing communications mechanisms to provide
education and outreach to stakeholders with respect to the ability of
health professionals to bill for psychotherapy for crisis services
under the Medicare physician fee schedule under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) when such services are
furnished in an applicable site of service to a Medicare beneficiary
who is experiencing a mental or behavioral health crisis.
(c) Open Door Forum.--Not later than January 1, 2024, the Secretary
shall convene stakeholders and experts for an open door forum or other
appropriate mechanism to discuss current Medicare program coverage and
payment policies for services that can be furnished to provide care to
a Medicare beneficiary who is experiencing a mental or behavioral
health crisis.
(d) Education and Outreach on the Use of Peer Support Specialists
and Other Auxiliary Personnel in Furnishing of Psychotherapy for Crisis
Services and Behavioral Health Integration Services.--Not later than
January 1, 2024, the Secretary shall use existing communication
mechanisms to provide education and outreach to providers of services,
physicians, and practitioners with respect to the ability of auxiliary
personnel, including peer support specialists, to participate,
consistent with applicable requirements for auxiliary personnel, in the
furnishing of--
(1) psychotherapy for crisis services billed under the
Medicare physician fee schedule under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4), as well as other
services that can be furnished to a Medicare beneficiary
experiencing a mental or behavioral health crisis; and
(2) behavioral health integration services.
(e) Definitions.--In this section:
(1) Applicable site of service.--The term ``applicable site
of service'' has the meaning given that term in section
1848(b)(12)(D)(i) of the Social Security Act, as added by
subsection (a).
(2) Behavioral health integration services.--The term
``behavioral health integration services'' means services
identified, as of January 1, 2022, by HCPCS codes 99484, 99492,
99493, 99494, and G2214 (and any successor or similar codes as
determined appropriate by the Secretary).
(3) Psychotherapy for crisis services.--The term
``psychotherapy for crisis services'' means services described
in 1848(b)(12)(D)(ii) of the Social Security Act, as added by
subsection (a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4124. ENSURING ADEQUATE COVERAGE OF OUTPATIENT MENTAL HEALTH
SERVICES UNDER THE MEDICARE PROGRAM.
(a) Modification of Definition of Partial Hospitalization
Services.--Section 1861(ff)(1) of the Social Security Act (42 U.S.C.
1395x(ff)(1)) is amended by inserting ``for an individual determined
(not less frequently than monthly) by a physician to have a need for
such services for a minimum of 20 hours per week'' after ``prescribed
by a physician''.
(b) Coverage of Intensive Outpatient Services.--
(1) Scope of benefits.--
(A) Community mental health centers.--Section
1832(a)(2)(J) of the Social Security Act (42 U.S.C.
1395k(a)(2)(J)) is amended by inserting ``and intensive
outpatient services'' after ``partial hospitalization
services''.
(B) Incident-to services.--Section 1861(s)(2)(B) is
amended by inserting ``or intensive outpatient
services'' after ``partial hospitalization services''.
(2) Definition.--Section 1861(ff) of the Social Security
Act (42 U.S.C. 1395x(ff)) is amended--
(A) in the header, by inserting ``; Intensive
Outpatient Services'' after ``Partial Hospitalization
Services''; and
(B) by adding at the end the following new
paragraph:
``(4) The term `intensive outpatient services' has the meaning
given the term `partial hospitalization services' in paragraph (1),
except that--
``(A) section 1835(a)(2)(F)(i) shall not apply;
``(B) the reference in such paragraph to an individual
`determined (not less frequently than monthly) by a physician
to have a need for such services for a minimum of 20 hours per
week' shall be treated as a reference to an individual
`determined (not less frequently than once every other month)
by a physician to have a need for such services for a minimum
of 9 hours per week'; and
``(C) the reference to `a community mental health center
(as defined in subparagraph (B))' in paragraph (3) shall be
treated as a reference to `a community mental health center (as
defined in subparagraph (B)), a Federally qualified health
center, or a rural health clinic'.''.
(3) Exclusion from calculation of certain treatment
costs.--Section 1833(c)(2) of the Social Security Act (42
U.S.C. 1395l(c)(2)) is amended by inserting ``or intensive
outpatient services'' after ``partial hospitalization
services''.
(4) Conforming amendments.--
(A) Intensive outpatient services.--Section
1861(aa) of the Social Security Act (42 U.S.C.
1395x(aa)) is amended--
(i) in paragraph (1)--
(I) in subparagraph (B), by
striking ``and'' at the end;
(II) in subparagraph (C), by adding
``and'' at the end; and
(III) by inserting after
subparagraph (C) the following new
subparagraph:
``(D) intensive outpatient services (as defined in section
1861(ff)(4)),''; and
(ii) in paragraph (3), by striking
``through (C)'' and inserting ``through (D)''.
(B) Provider of services.--Section 1866(e)(2) of
the Social Security Act (42 U.S.C. 1395cc(e)(2)) is
amended by inserting ``, or intensive outpatient
services (as described in section 1861(ff)(4))'' after
``partial hospitalization services (as described in
section 1861(ff)(1))''.
(c) Special Payment Rule for FQHCs and RHCs.--Section 1834 of the
Social Security Act (42 U.S.C. 1395m) is amended--
(1) in subsection (o), by adding at the end the following
new paragraph:
``(5) Special payment rule for intensive outpatient
services.--
``(A) In general.--In the case of intensive
outpatient services furnished by a Federally qualified
health center, the payment amount for such services
shall be equal to the amount that would have been paid
under this title for such services had such services
been covered OPD services furnished by a hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the
amount of payment for Federally qualified health center
services under the prospective payment system under
this subsection.''; and
(2) in subsection (y)--
(A) in the header, by striking ``to Hospice
Patients''; and
(B) by adding at the end the following new
paragraph:
``(3) Special payment rule for intensive outpatient
services.--
``(A) In general.--In the case of intensive
outpatient services furnished by a rural health clinic,
the payment amount for such services shall be equal to
the amount that would have been paid under this title
for such services had such services been covered OPD
services furnished by a hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the
amount of payment for rural health clinic services
under the methodology for all-inclusive rates
(established by the Secretary) under section
1833(a)(3).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to items and services furnished on or after January
1, 2024.
SEC. 4125. IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR
PSYCHIATRIC HOSPITALS AND PSYCHIATRIC UNITS.
(a) Improvements Through Additional Claims Data.--Section 1886(s)
of the Social Security Act (42 U.S.C. 1395ww(s)) is amended by adding
at the end the following new paragraph:
``(5) Additional data and information.--
``(A) In general.--The Secretary shall collect data
and information as the Secretary determines appropriate
to revise payments under the system described in
paragraph (1) for psychiatric hospitals and psychiatric
units pursuant to subparagraph (D) and for other
purposes as determined appropriate by the Secretary.
The Secretary shall begin to collect such data by not
later than October 1, 2023.
``(B) Data and information.--The data and
information to be collected under subparagraph (A) may
include--
``(i) charges, including those related to
ancillary services;
``(ii) the required intensity of behavioral
monitoring, such as cognitive deficit, suicide
ideations, violent behavior, and need for
physical restraint; and
``(iii) interventions, such as
detoxification services for substance abuse,
dependence on respirator, total parenteral
nutritional support, dependence on renal
dialysis, and burn care.
``(C) Method of collection.--The Secretary may
collect the additional data and information under
subparagraph (A) on cost reports, on claims, or
otherwise.
``(D) Revisions to payment rates.--
``(i) In general.--Notwithstanding the
preceding paragraphs of this subsection or
section 124 of the Medicare, Medicaid, and
SCHIP Balanced Budget Refinement Act of 1999,
for rate year 2025 (and for any subsequent rate
year, if determined appropriate by the
Secretary), the Secretary shall, by regulation,
implement revisions to the methodology for
determining the payment rates under the system
described in paragraph (1) for psychiatric
hospitals and psychiatric units, as the
Secretary determines to be appropriate. Such
revisions may be based on a review of data and
information collected under subparagraph (A).
``(ii) Review.--The Secretary may make
revisions to the diagnosis-related group
classifications, in accordance with subsection
(d)(4)(C), to reflect nursing and staff
resource use and costs involved in furnishing
services at such hospitals and units, including
considerations for patient complexity and prior
admission to an inpatient psychiatric facility,
which may be based on review of data and
information collected under subparagraph (A),
as the Secretary determines to be appropriate.
``(iii) Budget neutrality.--Revisions in
payment implemented pursuant to clause (i) for
a rate year shall result in the same estimated
amount of aggregate expenditures under this
title for psychiatric hospitals and psychiatric
units furnished in the rate year as would have
been made under this title for such care in
such rate year if such revisions had not been
implemented.''.
(b) Improvements Through Standardized Patient Assessment Data.--
Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)), as
amended by subsection (a), is further amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking
``subparagraph (C)'' and inserting ``subparagraphs (C)
and (E)'';
(B) by redesignating subparagraph (E) as
subparagraph (F);
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) Standardized patient assessment data.--
``(i) In general.--For rate year 2028 and
each subsequent rate year, in addition to such
data on the quality measures described in
subparagraph (C), each psychiatric hospital and
psychiatric unit shall submit to the Secretary,
through the use of a standardized assessment
instrument implemented under clause (iii), the
standardized patient assessment data described
in clause (ii). Such data shall be submitted
with respect to admission and discharge of an
individual (and may be submitted more
frequently as the Secretary determines
appropriate).
``(ii) Standardized patient assessment data
described.--For purposes of clause (i), the
standardized patient assessment data described
in this clause, with respect to a psychiatric
hospital or psychiatric unit, is data with
respect to the following categories:
``(I) Functional status, such as
mobility and self-care at admission to
a psychiatric hospital or unit and
before discharge from a psychiatric
hospital or unit.
``(II) Cognitive function, such as
ability to express ideas and to
understand, and mental status, such as
depression and dementia.
``(III) Special services,
treatments, and interventions for
psychiatric conditions.
``(IV) Medical conditions and co-
morbidities, such as diabetes,
congestive heart failure, and pressure
ulcers.
``(V) Impairments, such as
incontinence and an impaired ability to
hear, see, or swallow.
``(VI) Other categories as
determined appropriate by the
Secretary.
``(iii) Standardized assessment
instrument.--
``(I) In general.--For purposes of
clause (i), the Secretary shall
implement a standardized assessment
instrument that provides for the
submission of standardized patient
assessment data under this title with
respect to psychiatric hospitals and
psychiatric units which enables
comparison of such assessment data
across all such hospitals and units to
which such data are applicable.
``(II) Funding.--The Secretary
shall provide for the transfer, from
the Federal Hospital Insurance Trust
Fund under section 1817 to the Centers
for Medicare & Medicaid Services
Program Management Account, of
$10,000,000 for purposes of carrying
out subclause (I).''; and
(D) in subparagraph (F), as redesignated by
subparagraph (B) of this paragraph, by striking
``subparagraph (C)'' and inserting ``subparagraphs (C)
and (F)''; and
(2) by adding at the end the following new paragraph:
``(6) Additional considerations for diagnosis-related group
classifications.--
``(A) In general.--Notwithstanding the preceding
paragraphs of this subsection (other than paragraph
(5)) or section 124 of the Medicare, Medicaid, and
SCHIP Balanced Budget Refinement Act of 1999, beginning
not later than rate year 2031, in addition to any
revisions pursuant to paragraph (5), the Secretary
shall, by regulation, implement revisions to the
methodology for determining the payment rates under the
system described in paragraph (1) for psychiatric
hospitals and psychiatric units, as the Secretary
determines to be appropriate, to take into account the
patient assessment data described in paragraph
(4)(E)(ii).
``(B) Budget neutrality.--Revisions in payment
implemented pursuant to subparagraph (A) for a rate
year shall result in the same estimated amount of
aggregate expenditures under this title for psychiatric
hospitals and psychiatric units furnished in the rate
year as would have been made under this title for such
care in such rate year if such revisions had not been
implemented.''.
(c) Improvements Through Inclusion of Patients' Perspective on Care
Quality Measure.--Section 1886(s)(4) of the Social Security Act (42
U.S.C. 1395ww(s)(4)) is amended--
(1) in subparagraph (D), by adding at the end the following
new clause:
``(iv) Patients' perspective on care.--Not
later than for rate year 2031, the quality
measures specified under this subparagraph
shall include a quality measure of patients'
perspective on care.''; and
(2) in subparagraph (E), by inserting ``, including the
quality measure of patients' perspective on care described in
subparagraph (D)(iv),'' after ``shall report quality
measures''.
SEC. 4126. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.
(a) In General.--Section 1877(e) of the Social Security Act (42
U.S.C. 1395nn(e)) is amended by adding at the end the following:
``(9) Physician wellness programs.--A bona fide mental
health or behavioral health improvement or maintenance program
offered to a physician by an entity, if--
``(A) such program--
``(i) consists of counseling, mental health
services, a suicide prevention program, or a
substance use disorder prevention and treatment
program;
``(ii) is made available to a physician for
the primary purpose of preventing suicide,
improving mental health and resiliency, or
providing training in appropriate strategies to
promote the mental health and resiliency of
such physician;
``(iii) is set out in a written policy,
approved in advance of the operation of the
program by the governing body of the entity
providing such program (and which shall be
updated accordingly in advance to substantial
changes to the operation of such program), that
includes--
``(I) a description of the content
and duration of the program;
``(II) a description of the
evidence-based support for the design
of the program;
``(III) the estimated cost of the
program;
``(IV) the personnel (including the
qualifications of such personnel)
conducting the program; and
``(V) the method by which such
entity will evaluate the use and
success of the program;
``(iv) is offered by an entity described in
subparagraph (B) with a formal medical staff to
all physicians who practice in the geographic
area served by such entity, including
physicians who hold bona fide appointments to
the medical staff of such entity or otherwise
have clinical privileges at such entity;
``(v) is offered to all such physicians on
the same terms and conditions and without
regard to the volume or value of referrals or
other business generated by a physician for
such entity;
``(vi) is evidence-based and conducted by a
qualified health professional; and
``(vii) meets such other requirements the
Secretary may impose by regulation as needed to
protect against program or patient abuse;
``(B) such entity is--
``(i) a hospital;
``(ii) an ambulatory surgical center;
``(iii) a community health center;
``(iv) a rural emergency hospital;
``(v) a rural health clinic;
``(vi) a skilled nursing facility; or
``(vii) a similar entity, as determined by
the Secretary; and
``(C) neither the provision of such program, nor
the value of such program, are contingent upon the
number or value of referrals made by a physician to
such entity or the amount or value of other business
generated by such physician for the entity.''.
(b) Exception Under the Anti-kickback Statute.--Section 1128B(b)(3)
of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) in subparagraph (J), by striking ``and'' at the end;
(2) in subparagraph (K), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(L) a bona fide mental health or behavioral health
improvement or maintenance program, if--
``(i) such program--
``(I) consists of counseling, mental health
services, a suicide prevention program, or a
substance use disorder prevention and treatment
program;
``(II) is made available to a physician or
other clinician for the primary purpose of
preventing suicide, improving mental health and
resiliency, or providing training in
appropriate strategies to promote the mental
health and resiliency of such physician or
other clinician;
``(III) is set out in a written policy,
approved in advance of the operation of the
program by the governing body of the entity
providing such program (and which shall be
updated accordingly in advance to substantial
changes to the operation of such program), that
includes--
``(aa) a description of the content
and duration of the program;
``(bb) a description of the
evidence-based support for the design
of the program;
``(cc) the estimated cost of the
program;
``(dd) the personnel (including the
qualifications of such personnel)
implementing the program; and
``(ee) the method by which such
entity will evaluate the use and
success of the program;
``(IV) is offered by an entity described in
clause (ii) with a formal medical staff to all
physicians and other clinicians who practice in
the geographic area served by such entity,
including physicians who hold bona fide
appointments to the medical staff of such
entity or otherwise have clinical privileges at
such entity;
``(V) is offered to all such physicians and
clinicians on the same terms and conditions and
without regard to the volume or value of
referrals or other business generated by a
physician or clinician for such entity;
``(VI) is evidence-based and conducted by a
qualified health professional; and
``(VII) meets such other requirements the
Secretary may impose by regulation as needed to
protect against program or patient abuse;
``(ii) such entity is--
``(I) a hospital;
``(II) an ambulatory surgical center;
``(III) a community health center;
``(IV) a rural emergency hospital;
``(V) a skilled nursing facility; or
``(VI) any similar entity, as determined by
the Secretary; and
``(iii) neither the provision of such program, nor
the value of such program, are contingent upon the
number or value of referrals made by a physician or
other clinician to such entity or the amount or value
of other business generated by such physician for the
entity.''.
SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE
FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.
Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a-7d(a))
is amended by adding at the end the following new paragraph:
``(3) Consideration of safe harbor for certain contingency
management interventions.--
``(A) In general.--Not later than one year after
the date of the enactment of this paragraph, the
Inspector General shall conduct a review on whether to
establish a safe harbor described in paragraph
(1)(A)(ii) for evidence-based contingency management
incentives and the parameters for such a safe harbor.
In conducting the review under the previous sentence,
the Inspector General shall consider the extent to
which providing such a safe harbor for evidence-based
contingency management incentives may result in any of
the factors described in paragraph (2).
``(B) Report.--Not later than two years after the
date of the enactment of this paragraph, the Secretary
and the Inspector General shall submit to Congress
recommendations, including based on the review
conducted under subparagraph (A), for improving access
to evidence-based contingency management interventions
while ensuring quality of care, ensuring fidelity to
evidence-based practices, and including strong program
integrity safeguards that prevent increased waste,
fraud, and abuse and prevent medically unnecessary or
inappropriate items or services reimbursed in whole or
in part by a Federal health care program.''.
SEC. 4128. PROVIDER OUTREACH AND REPORTING ON CERTAIN BEHAVIORAL HEALTH
INTEGRATION SERVICES.
(a) Outreach.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall conduct outreach to
physicians and appropriate non-physician practitioners participating
under the Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) with respect to behavioral health integration
services described by any of HCPCS codes 99492 through 99494 or 99484
(or any successor code). Such outreach shall include a comprehensive,
one-time education initiative to inform such physicians and
practitioners of the inclusion of such services as a covered benefit
under the Medicare program, including describing the requirements to
bill for such codes and the requirements for beneficiary eligibility
for such services.
(b) Reports to Congress.--
(1) Provider outreach.--Not later than 1 year after the
date of the completion of the education initiative described in
subsection (a), the Secretary shall submit to the Committee on
Ways and Means and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Finance of the
Senate a report on the outreach conducted under such
subsection. Such report shall include a description of the
methods used for such outreach.
(2) Utilization rates.--Not later than 18 months after the
date of the completion of the education initiative described in
subsection (a), and two years thereafter, the Secretary shall
submit to the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Finance of the Senate a report on the number of
Medicare beneficiaries (including those beneficiaries accessing
services in rural and underserved areas) who, during the
preceding year, were furnished services described in subsection
(a) for which payment was made under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
SEC. 4129. OUTREACH AND REPORTING ON OPIOID USE DISORDER TREATMENT
SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS.
(a) Outreach.--
(1) Provider outreach.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall conduct outreach to physicians and appropriate non-
physician practitioners participating under the Medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) with respect to opioid use disorder treatment
services furnished by an opioid treatment program (as defined
in section 1861(jjj) of the Social Security Act (42 U.S.C.
1395x(jjj))). Such outreach shall include a comprehensive, one-
time education initiative to inform such physicians and
practitioners of the inclusion of such services as a covered
benefit under the Medicare program, including describing the
requirements for billing and the requirements for beneficiary
eligibility for such services.
(2) Beneficiary outreach.--The Secretary shall conduct
outreach to Medicare beneficiaries with respect to opioid use
disorder treatment services furnished by an opioid treatment
program (as defined in section 1861(jjj) of the Social Security
Act (42 U.S.C. 1395x(jjj))), including a comprehensive, one-
time education initiative informing such beneficiaries about
the eligibility requirements to receive such services.
(b) Reports to Congress.--
(1) Outreach.--Not later than 1 year after the date of the
completion of the education initiatives described in subsection
(a), the Secretary shall submit to the Committee on Ways and
Means and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on the outreach conducted under such subsection. Such
report shall include a description of the methods used for such
outreach.
(2) Utilization rates.--Not later than 18 months after the
date of the completion of the education initiatives described
in subsection (a), and two years thereafter, the Secretary
shall submit to the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on the number of Medicare beneficiaries who, during the
preceding year, were furnished opioid use disorder treatment
services by an opioid treatment program (as defined in section
1861(jjj) of the Social Security Act (42 U.S.C. 1395x(jjj)))
for which payment was made under title XVIII of such Act (42
U.S.C. 1395 et seq.).
SEC. 4130. GAO STUDY AND REPORT COMPARING COVERAGE OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER BENEFITS AND NON-MENTAL HEALTH AND
SUBSTANCE USE DISORDER BENEFITS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study that compares the mental
health and substance use disorder benefits offered by Medicare
Advantage plans (including specialized MA plans for special
needs individuals, as defined in section 1859(b)(6) of the
Social Security Act (42 U.S.C. 1395w-28(b)(6)) under part C of
title XVIII of such Act with--
(A) benefits (other than mental health and
substance use disorder benefits) offered by such
Medicare Advantage plans; and
(B) the mental health and substance use disorder
benefits under the original Medicare fee-for-service
program under parts A and B of such title XVIII.
(2) Analysis.--To the extent data is available and
reliable, the study under paragraph (1) shall include an
analysis of--
(A) out-of-pocket expenses for in-network care;
(B) the use of prior authorization and other
utilization management tools;
(C) the mental health and substance use disorder
benefits offered; and
(D) other items determined appropriate by the
Comptroller General.
(3) Plan and service specific.--To the extent practicable,
the study under paragraph (1) shall examine differences by type
of Medicare Advantage plan and type of item or service.
(4) Both required and supplemental benefits.--For purposes
of the study under paragraph (1), benefits offered by Medicare
Advantage plans (including specialized MA plans for special
needs individuals) under part C of title XVIII of the Social
Security Act shall include both and differentiate between--
(A) benefits under the original Medicare fee-for-
service program, as described in section 1852(a)(1)(B)
of such Act (42 U.S.C. 1395w-22(a)(1)(B)); and
(B) supplemental health care benefits, as described
in section 1852(a)(3)(A) of such Act (42 U.S.C. 1395w-
22(a)(3)(A)).
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the study conducted under subsection (a).
Subtitle D--Other Medicare Provisions
SEC. 4131. TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL DRUGS AS
COVERED PART D DRUG.
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
(1) in subparagraph (A), by striking at the end ``or'';
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for the period beginning on the date of the
enactment of this subparagraph and ending on December
31, 2024, an oral antiviral drug that may be dispensed
only upon a prescription and is authorized under
section 564 of the Federal Food, Drug, and Cosmetic
Act, on the basis of the declaration published in the
Federal Register by the Secretary of Health and Human
Services on April 1, 2020 (85 Fed. Reg. 18250 et
seq.),''.
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D PAYMENT DATA.
Section 1860D-15(f)(2) of the Social Security Act (42 U.S.C.
1395w-115(f)(2)) is amended--
(1) in subparagraph (B), by striking at the end ``and'';
(2) in subparagraph (C), by striking at the end the period
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) by the Director of the Congressional Budget
Office for the purposes of analysis of programs
authorized under the Social Security Act, as
applicable, and the fulfilment of such Director's
duties under the Congressional Budget and Impoundment
Control Act of 1974.''.
SEC. 4133. MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA COMPRESSION
TREATMENT ITEMS.
(a) Coverage.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 4121(a), is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (HH), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (II), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(JJ) lymphedema compression treatment items (as defined
in subsection (mmm));''; and
(B) by adding at the end the following new
subsection:
``(mmm) Lymphedema Compression Treatment Items.--The term
`lymphedema compression treatment items' means standard and custom
fitted gradient compression garments and other items determined by the
Secretary that are--
``(1) furnished on or after January 1, 2024, to an
individual with a diagnosis of lymphedema for the treatment of
such condition;
``(2) primarily and customarily used to serve a medical
purpose and for the treatment of lymphedema, as determined by
the Secretary; and
``(3) prescribed by a physician (or a physician assistant,
nurse practitioner, or a clinical nurse specialist (as those
terms are defined in section 1861(aa)(5)) to the extent
authorized under State law).''.
(2) Payment.--
(A) In general.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) , as amended by
section 4121(a), is amended--
(i) by striking ``and'' before ``(FF)'';
and
(ii) by inserting before the semicolon at
the end the following: ``, and (GG) with
respect to lymphedema compression treatment
items (as defined in section 1861(mmm)), the
amount paid shall be equal to 80 percent of the
lesser of the actual charge or the amount
determined under the payment basis determined
under section 1834(z)''.
(B) Payment basis and limitations.--Section 1834 of
the Social Security Act (42 U.S.C. 1395m) is amended by
adding at the end the following new subsection:
``(z) Payment for Lymphedema Compression Treatment Items.--
``(1) In general.--The Secretary shall determine an
appropriate payment basis for lymphedema compression treatment
items (as defined in section 1861(mmm)). In making such a
determination, the Secretary may take into account payment
rates for such items under State plans (or waivers of such
plans) under title XIX, the Veterans Health Administration, and
group health plans and health insurance coverage (as such terms
are defined in section 2791 of the Public Health Service Act),
and such other information as the Secretary determines
appropriate.
``(2) Frequency limitation.--No payment may be made under
this part for lymphedema compression treatment items furnished
other than at such frequency as the Secretary may establish.
``(3) Application of competitive acquisition.--In the case
of lymphedema compression treatment items that are included in
a competitive acquisition program in a competitive acquisition
area under section 1847(a)--
``(A) the payment basis under this subsection for
such items furnished in such area shall be the payment
basis determined under such competitive acquisition
program; and
``(B) the Secretary may use information on the
payment determined under such competitive acquisition
programs to adjust the payment amount otherwise
determined under this subsection for an area that is
not a competitive acquisition area under section 1847,
and in the case of such adjustment, paragraphs (8) and
(9) of section 1842(b) shall not be applied.''.
(3) Conforming amendment.--Section 1847(a)(2) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at
the end the following new subparagraph:
``(D) Lymphedema compression treatment items.--
Lymphedema compression treatment items (as defined in
section 1861(mmm)) for which payment would otherwise be
made under section 1834(z).''.
(b) Inclusion in Requirements for Suppliers of Medical Equipment
and Supplies.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended--
(1) in subsection (a)(20)(D), by adding at the end the
following new clause:
``(iv) Lymphedema compression treatment
items (as defined in section 1861(mmm)).''.
(2) in subsection (j)(5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) lymphedema compression treatment items (as
defined in section 1861(mmm));''.
SEC. 4134. PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)(Z) by inserting ``, and items and
services furnished on or after January 1, 2024, related to the
administration of intravenous immune globulin,'' after
``globulin''; and
(2) in subsection (zz), by inserting ``furnished before
January 1, 2024,'' after ``but not including items or
services''.
(b) Payment.--Section 1842(o) of the Social Security Act (42 U.S.C.
1395u(o)) is amended by adding at the end the following new paragraph:
``(8) In the case of intravenous immune globulin described
in section 1861(s)(2)(Z) that are furnished on or after January
1, 2024, to an individual by a supplier in the patient's home,
the Secretary shall provide for a separate bundled payment to
the supplier for all items and services related to the
administration of such intravenous immune globulin to such
individual in the patient's home during a calendar day in an
amount that the Secretary determines to be appropriate, which
may be based on the payment established pursuant to subsection
(d) of section 101 of the Medicare IVIG Access and
Strengthening Medicare and Repaying Taxpayers Act of 2012. For
purposes of the preceding sentence, such separate bundled
payment shall not apply in the case of an individual receiving
home health services under section 1895.''.
(c) Clarification With Respect to Payment for the In-home
Administration of IVIG Items and Services.--Section 1834(j)(5) of the
Social Security Act (42 U.S.C. 1395m(j)(5)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) items and services related to the
administration of intravenous immune globulin furnished
on or after January 1, 2024, as described in section
1861(zz);''.
(d) Coinsurance.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1), as amended by section 4121(a) and section 4133(a),
is amended--
(1) by striking ``and'' before ``(GG)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (HH) with respect to items and services
related to the administration of intravenous immune globulin
furnished on or after January 1, 2024, as described in section
1861(zz), the amounts paid shall be the lesser of the 80
percent of the actual charge or the payment amount established
under section 1842(o)(8)''.
(e) Additional Funding for Medicare IVIG Demonstration Project.--
(1) Funding.--There is authorized to be appropriated, and
there is hereby appropriated, out of any monies in the Treasury
not otherwise appropriated, $4,300,000 for purposes of paying
for items and services furnished under the demonstration
project established by the Medicare IVIG Access and
Strengthening Medicare and Repaying Taxpayers Act of 2012 (42
U.S.C. 1395l note).
(2) Supplement, not supplant.--Any amounts appropriated
pursuant to this subsection shall be in addition to any other
amounts otherwise appropriated pursuant to any other provision
of law.
SEC. 4135. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended--
(1) in paragraph (2)(E), by inserting ``and temporary
additional payments for non-opioid treatments for pain relief
under paragraph (16)(G),'' after ``payments under paragraph
(6)''; and
(2) in paragraph (16), by adding at the end the following
new subparagraph:
``(G) Temporary additional payments for non-opioid
treatments for pain relief.--
``(i) In general.--Notwithstanding any
other provision of this subsection, with
respect to a non-opioid treatment for pain
relief (as defined in clause (iv)) furnished on
or after January 1, 2025, and before January 1,
2028, the Secretary shall not package payment
for such non-opioid treatment for pain relief
into a payment for a covered OPD service (or
group of services), and shall make an
additional payment as specified in clause (ii)
for such non-opioid treatment for pain relief.
``(ii) Amount of payment.--Subject to the
limitation under clause (iii), the amount of
the payment specified in this clause is, with
respect to a non-opioid treatment for pain
relief that is--
``(I) a drug or biological product,
the amount of payment for such drug or
biological determined under section
1847A that exceeds the portion of the
otherwise applicable Medicare OPD fee
schedule that the Secretary determines
is associated with the drug or
biological; or
``(II) a medical device, the amount
of the hospital's charges for the
device, adjusted to cost, that exceeds
the portion of the otherwise applicable
Medicare OPD fee schedule that the
Secretary determines is associated with
the device.
``(iii) Limitation.--The additional payment
amount specified in clause (ii) shall not
exceed the estimated average of 18 percent of
the OPD fee schedule amount for the OPD service
(or group of services) with which the non-
opioid treatment for pain relief is furnished,
as determined by the Secretary.
``(iv) Definition of non-opioid treatment
for pain relief.--In this subparagraph, the
term `non-opioid treatment for pain relief'
means a drug, biological product, or medical
device that--
``(I) in the case of a drug or
biological product, has a label
indication approved by the Food and
Drug Administration to reduce
postoperative pain, or produce
postsurgical or regional analgesia,
without acting upon the body's opioid
receptors;
``(II) in case of a medical device,
is used to deliver a therapy to reduce
postoperative pain, or produce
postsurgical or regional analgesia, and
has--
``(aa) an application under
section 515 of the Federal
Food, Drug, and Cosmetic Act
that has been approved with
respect to the device, been
cleared for market under
section 510(k) of such Act, or
is exempt from the requirements
of section 510(k) of such Act
pursuant to subsection (l) or
(m) or section 510 of such Act
or section 520(g) of such Act;
and
``(bb) demonstrated the
ability to replace, reduce, or
avoid intraoperative or
postoperative opioid use or the
quantity of opioids prescribed
in a clinical trial or through
data published in a peer-
reviewed journal;
``(III) does not receive
transitional pass-through payment under
paragraph (6); and
``(IV) has payment that is packaged
into a payment for a covered OPD
service (or group of services).''.
(b) Ambulatory Surgical Center Payment System.--Section 1833(i) of
the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at
the end the following new paragraph:
``(10) Temporary additional payments for non-opioid
treatments for pain relief.--
``(A) In general.--In the case of surgical services
furnished on or after January 1, 2025, and before
January 1, 2028, the payment system described in
paragraph (2)(D)(i) shall provide, in a budget-neutral
manner, for an additional payment for a non-opioid
treatment for pain relief (as defined in clause (iv) of
subsection (t)(16)(G)) furnished as part of such
services in the amount specified in clause (ii) of such
subsection, subject to the limitation under clause
(iii) of such subsection.
``(B) Transition.--A drug or biological that meets
the requirements of section 416.174 of title 42, Code
of Federal Regulations (or any successor regulation)
and is a non-opioid treatment for pain relief (as
defined in clause (iv) of subsection (t)(16)(G)) shall
receive additional payment in the amount specified in
clause (ii) of such subsection, subject to the
limitation under clause (iii) of such subsection.''.
(c) Evaluation of Coverage and Payment for Non-opioid Therapies and
Therapeutic Services for Pain Management.--
(1) Report to congress.--Not later than January 1, 2028,
the Secretary of Health and Human Services (in this subsection
referred to as the ``Secretary'') shall submit to Congress a
report--
(A) identifying limitations, gaps, barriers to
access, or deficits in Medicare coverage or
reimbursement for restorative therapies, behavioral
approaches, and complementary and integrative health
services that are identified in the Pain Management
Best Practices Inter-Agency Task Force Report and that
have demonstrated the ability to replace or reduce
opioid consumption;
(B) recommending actions to address the
limitations, gaps, barriers to access, or deficits
identified under subparagraph (A) to improve Medicare
coverage and reimbursement for such therapies,
approaches, and services; and
(C) comparing, for the 12-month period following
the first 6 months in which additional payment for non-
opioid treatments for pain relief (as defined in clause
(iv) of section 1833(t)(16)(G) of the Social Security
Act, as added by subsection (a)) is made under such
section 1833(t)(16)(G)--
(i) with respect to Medicare beneficiaries
who received a non-opioid treatment for pain
relief (as so defined) as part of a covered OPD
service, the quantity of opioids administered,
dispensed, and prescribed for the same covered
OPD service, including postoperative
management; and
(ii) with respect to Medicare beneficiaries
who did not receive a non-opioid treatment for
pain relief (as so defined) as part of the same
covered OPD service in clause (i)), the
quantity of opioids administered, dispensed,
and prescribed for the same covered OPD
service, including postoperative management.
(2) Reporting standard and public consultation.--In
developing the report described in paragraph (1), the Secretary
shall compare results from nationally represented samples of
beneficiaries and consult with relevant stakeholders as
determined appropriate by the Secretary.
(3) Exclusive treatment.--Any drug, biological product, or
medical device that is a non-opioid treatment for pain relief
(as defined in section 1833(t)(16)(G)(iv) of the Social
Security Act, as added by subsection (a)) shall not be
considered a therapeutic service for purposes of the report
under paragraph (1).
SEC. 4136. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR
DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.
(a) In General.--Section 1834(s) of the Social Security Act (42
U.S.C. 1395m(s)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Payment.--
``(A) In general.--The separate payment amount
established under this paragraph for an applicable
disposable device for a year shall be equal to--
``(i) for a year before 2024, the amount of
the payment that would be made under section
1833(t) (relating to payment for covered OPD
services) for the year for the Level I
Healthcare Common Procedure Coding System
(HCPCS) code for which the description for a
professional service includes the furnishing of
such device;
``(ii) for 2024, the supply price used to
determine the relative value for the service
under the fee schedule under section 1848 (as
of January 1, 2022) for the applicable
disposable device, updated by the specified
adjustment described in subparagraph (B) for
such year; and
``(iii) for 2025 and each subsequent year,
the payment amount established under this
paragraph for such device for the previous
year, updated by the specified adjustment
described in subparagraph (B) for such year.
``(B) Specified adjustment.--
``(i) In general.--For purposes of
subparagraph (A), the specified adjustment
described in this subparagraph for a year is
equal to--
``(I) the percentage increase in
the consumer price index for all urban
consumers (United States city average)
for the 12-month period ending in June
of the previous year; minus
``(II) the productivity adjustment
described in section
1886(b)(3)(B)(xi)(II) for such year.
``(ii) Clarification on application of the
productivity adjustment.--The application of
clause (i)(II) may result in a specified
adjustment of less than 0.0 for a year, and may
result in the separate payment amount under
this subsection for an applicable device for a
year being less than such separate payment
amount for such device for the preceding year.
``(C) Exclusion of nursing and therapy services
from separate payment.--With respect to applicable
devices furnished on or after January 1, 2024, the
separate payment amount determined under this paragraph
shall not include payment for nursing or therapy
services described in section 1861(m). Payment for such
nursing or therapy services shall be made under the
prospective payment system established under section
1895 and shall not be separately billable.''; and
(2) by adding at the end the following new paragraph:
``(4) Implementation.--As part of submitting claims for the
separate payment established under this subsection, beginning
with 2024, the Secretary shall accept and process claims
submitted using the type of bill that is most commonly used by
home health agencies to bill services under a home health plan
of care.''.
SEC. 4137. EXTENSION OF CERTAIN HOME HEALTH RURAL ADD-ON PAYMENTS.
Subsection (b)(1)(B) of section 421 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b)
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat.
46), section 3131(c) of the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 428), section 210 of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114-10; 129 Stat.
151), and section 50208 of the Bipartisan Budget Act of 2018 (Public
Law 115-123; 132 Stat. 187) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) in the case of episodes and visits
ending during 2023, by 1 percent; and''.
SEC. 4138. REMEDYING ELECTION REVOCATIONS RELATING TO ADMINISTRATION OF
COVID-19 VACCINES.
(a) In General.--Section 1821(b)(5)(A) of the Social Security Act
(42 U.S.C. 1395i-5(b)(5)(A)) is amended--
(1) in clause (i), by striking ``or'' or at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iii) effective beginning on the date of
the enactment of this clause, that is a COVID-
19 vaccine and its administration described in
section 1861(s)(10)(A).''.
(b) Special Rules for COVID-19 Vaccines Relating to Revocation of
Election.--Notwithstanding paragraphs (3) and (4) of section 1821(b) of
the Social Security Act (42 U.S.C. 1395i-5(b)), in the case of an
individual with a revocation of an election under such section prior to
the date of enactment of this Act by reason of receiving a COVID-19
vaccine and its administration described in section 1861(s)(10)(A) of
such Act (42 U.S.C. 1395x(s)(10)(A)), the following rules shall apply:
(1) Beginning on such date of enactment, such individual
may make an election under such section, which shall take
effect immediately upon its execution, if such individual would
be eligible to make such an election if they had not received
such COVID-19 vaccine and its administration.
(2) Such revoked election shall not be taken into account
for purposes of determining the effective date for an election
described in subparagraph (A) or (B) of such paragraph (4).
SEC. 4139. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE
MEDICARE PROGRAM.
(a) Areas Other Than Rural and Noncontiguous Areas.--The Secretary
shall implement section 414.210(g)(9)(v) of title 42, Code of Federal
Regulations (or any successor regulation), to apply the transition rule
described in the first sentence of such section to all applicable items
and services furnished in areas other than rural or noncontiguous areas
(as such terms are defined for purposes of such section) through the
remainder of the duration of the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))
or December 31, 2023, whichever is later.
(b) All Areas.--The Secretary shall not implement section
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any
successor regulation) until the date immediately following the last day
of the emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), or January 1, 2024,
whichever is later.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the provisions of this section by program
instruction or otherwise.
SEC. 4140. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS AND
FLEXIBILITIES.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1866F the following new section:
``SEC. 1866G. EXTENSION OF ACUTE HOSPITAL CARE AT HOME INITIATIVE.
``(a) In General.--
``(1) Extension.--With respect to inpatient hospital
admissions occurring during the period beginning on the first
day after the end of the emergency period described in section
1135(g)(1)(B) and ending on December, 31, 2024, the Secretary
of Health and Human Services shall grant waivers and
flexibilities (as described in paragraph (2)) to an individual
hospital that submits a request for such waivers and
flexibilities and meets specified criteria (as described in
paragraph (3)) in order to participate in the Acute Hospital
Care at Home initiative of the Secretary.
``(2) Acute hospital care at home waivers and
flexibilities.--For the purposes of paragraph (1), the waivers
and flexibilities described in this paragraph are the following
waivers and flexibilities that were made available to
individual hospitals under the Acute Hospital Care at Home
initiative of the Secretary during the emergency period
described in section 1135(g)(1)(B):
``(A) Subject to paragraph (3)(D), waiver of the
requirements to provide 24-hour nursing services on
premises and for the immediate availability of a
registered nurse under section 482.23(b) of title 42,
Code of Federal Regulations (or any successor
regulation), and the waivers of the physical
environment and Life Safety Code requirements under
section 482.41 of title 42, Code of Federal Regulations
(or any successor regulation).
``(B) Flexibility to allow a hospital to furnish
inpatient services, including routine services, outside
the hospital under arrangements, as described in
Medicare Program: Hospital Outpatient Prospective
Payment and Ambulatory Surgical Center Payment Systems
and Quality Reporting Programs; Organ Acquisition;
Rural Emergency Hospitals: Payment Policies, Conditions
of Participation, Provider Enrollment, Physician Self-
Referral; New Service Category for Hospital Outpatient
Department Prior Authorization Process; Overall
Hospital Quality Star Rating; COVID-19 (87 Fed. Reg.
71748 et seq.).
``(C) Waiver of the telehealth requirements under
clause (i) of section 1834(m)(4)(C), as amended by
section 4113(a) of the Health Extenders, Improving
Access to Medicare, Medicaid, and CHIP, and
Strengthening Public Health Act of 2022, such that the
originating sites described in clause (ii) of such
section shall include the home or temporary residence
of the individual.
``(D) Other waivers and flexibilities that, as of
the date of enactment of this section, were in place
for such initiative during such emergency period.
``(3) Specified criteria.--For purposes of paragraph (1),
the specified criteria for granting such waivers and
flexibilities to individual hospitals are:
``(A) The hospital shall indicate to the Secretary
the criteria it would use to ensure that hospital
services be furnished only to an individual who
requires an inpatient level of care, and shall require
that a physician document in the medical record of each
such individual that the individual meets such
criteria.
``(B) The hospital and any other entities providing
services under arrangements with the hospital shall
ensure that the standard of care to treat an individual
at home is the same as the standard of care to treat
such individual as an inpatient of the hospital.
``(C) The hospital shall ensure that an individual
is only eligible for services under paragraph (1) if
the individual is a hospital inpatient or is a patient
of the hospital's emergency department for whom the
hospital determines that an inpatient level of care is
required (as described in subparagraph (A)).
``(D) The hospital shall meet all patient safety
standards determined appropriate by the Secretary, in
addition to those that otherwise apply to the hospital,
except those for which the waivers and flexibilities
under this subsection apply.
``(E) The hospital shall provide to the Secretary,
at a time, form and manner determined by the Secretary,
any data and information the Secretary determines
necessary to do the following:
``(i) Monitor the quality of care
furnished, and to the extent practicable,
ensure the safety of individuals and analyze
costs of such care.
``(ii) Undertake the study described in
subsection (b).
``(F) The hospital meets such other requirements
and conditions as the Secretary determines appropriate.
``(4) Termination.--The Secretary may terminate a hospital
from participation in such initiative (and the waivers and
flexibilities applicable to such hospital) if the Secretary
determines that the hospital no longer meets the criteria
described in paragraph (3).
``(b) Study and Report.--
``(1) In general.--The Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the
criteria established by hospitals under the Acute
Hospital Care at Home initiative of the Secretary to
determine which individuals may be furnished services
under such initiative; and
``(B) analyze and compare, to the extent
practicable--
``(i) quality of care furnished to
individuals with similar conditions and
characteristics in the inpatient setting and
through the Acute Hospital Care at Home
initiative, including health outcomes, hospital
readmission rates, hospital mortality rates,
length of stay, infection rates, and patient
experience of care;
``(ii) clinical conditions treated and
diagnosis-related groups of discharges from the
inpatient setting and under the Acute Hospital
Care at Home initiative;
``(iii) costs incurred by furnishing care
in the inpatient setting and through the Acute
Hospital Care at Home initiative;
``(iv) the quantity, mix and intensity of
such services (such as in-person visits and
virtual contacts with patients) furnished in
the Acute Hospital Care at Home initiative and
furnished in the inpatient setting; and
``(v) socioeconomic information on
beneficiaries treated under the initiative,
including racial and ethnic data, income, and
whether such beneficiaries are dually eligible
for benefits under this title and title XIX.
``(2) Report.--Not later than September 30, 2024, the
Secretary of Health and Human Services shall post on a website
of the Centers for Medicare & Medicaid Services a report on the
study conducted under paragraph (1).
``(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out
of any amounts in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for purposes of
carrying out this subsection.
``(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement this section by program instruction or
otherwise.
``(d) Publicly Available Information.--The Secretary shall, as
feasible, make the information collected under subsections (a)(3)(E)
and (b)(1) available on the Medicare.gov internet website (or a
successor website).''.
SEC. 4141. EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE PROGRAM
FOR CERTAIN DEVICES IMPACTED BY COVID-19.
(a) In General.--Section 1833(t)(6) of the Social Security Act (42
U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (B)(iii), in the matter preceding
subclause (I), by striking ``A category'' and inserting
``Subject to subparagraph (K), a category''; and
(2) by adding at the end the following new subparagraph:
``(K) Pass-through extension for certain devices.--
``(i) In general.--In the case of a device
whose period of pass-through status under this
paragraph will end on December 31, 2022, such
pass-through status shall be extended for a 1-
year period beginning on January 1, 2023.
``(ii) No adjustment for packaged costs.--
For purposes of the 1-year period described in
clause (i), the Secretary shall not remove the
packaged costs of such device (as determined by
the Secretary) from the payment amount under
this subsection for a covered OPD service (or
group of services) with which it is packaged.
``(iii) No application of aggregate limit
or budget neutrality.--Notwithstanding any
other provision of this subsection, this
subparagraph shall not be taken into account--
``(I) in applying the limit on
annual aggregate adjustments under
subparagraph (E) for 2023; or
``(II) in making any budget
neutrality adjustments under this
subsection for 2023.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Service may implement the amendments
made by subsection (a) by program instruction or otherwise.
SEC. 4142. INCREASING TRANSPARENCY FOR HOME HEALTH PAYMENTS UNDER THE
MEDICARE PROGRAM.
(a) Transparency.--In notice and comment rulemaking used to
implement section 1895(b)(3)(D) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(D), the Secretary of Health and Human Services (referred
to in this section as the ``Secretary'') shall, on the date of the
notice of proposed rulemaking, make available through the internet
website of the Centers for Medicare & Medicaid Services the following:
(1) Electronic data files showing the Centers for Medicare
& Medicaid Services simulation of 60-day episodes under the
home health prospective payment system in effect prior to the
Patient Driven Groupings Model using data from 30-day periods
paid under such Model, if such data are used in determining
payment adjustments under clauses (ii) or (iii) of such section
1895(b)(3)(D).
(2) To the extent practicable, a description of actual
behavior changes, as described in clause (i) of such section
1895(b)(3)(D), including behavior changes as a result of the
implementation of sections 1895(b)(2)(B) and 1895(b)(4)(B) of
the Social Security Act (42 U.S.C. 1395fff(b)(2)(B) and
1395(b)(4)(B)) that occurred in calendar years 2020 through
2026.
(b) Engagement With Stakeholders.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall use an open door
forum, a town hall meeting, a web-based forum, or other
appropriate mechanism to receive input from home health
stakeholders and interested parties on Medicare home health
payment rate development, including the items described in
paragraphs (1) and (2) of subsection (a) with respect to the
home health prospective payment system rate for calendar year
2023.
(2) Requirement.--At least 30 days before the forum,
meeting, or other mechanism referred to in paragraph (1), the
Secretary shall make available through the internet website of
the Centers for Medicare & Medicaid Services the items
described in paragraphs (1) and (2) of subsection (a) with
respect to the home health prospective payment system rate for
calendar year 2023 as finalized in the final rule entitled
``Medicare Program; Calendar Year 2023 Home Health Prospective
Payment System Rate Update; Home Health Quality Reporting
Program Requirements; Home Health Value-Based Purchasing
Expanded Model Requirements; and Home Infusion Therapy Services
Requirements'' published in the Federal Register on November 4,
2022 (87 Fed. Reg. 66790).
(c) Construction.--Nothing in this section shall be construed to
require any change in the methodology used by the Secretary to
implement such section 1895(b)(3)(D), to restrict the Secretary's
discretion in establishing the methodology to implement such section,
or to suggest that the Secretary's promulgation of the methodology
implementing such Calendar Year 2023 home health final rule was
inadequate under Chapter 5 of title 5, United States Code (commonly
known as the ``Administrative Procedures Act'') or any other provision
of law.
SEC. 4143. WAIVER OF CAP ON ANNUAL PAYMENTS FOR NURSING AND ALLIED
HEALTH EDUCATION PAYMENTS.
(a) In General.--Section 1886(l)(2)(B) of the Social Security Act
(42 U.S.C. 1395ww(l)(2)(B)) is amended--
(1) by striking ``payments.--Such ratio'' and inserting
``payments.--
``(i) In general.--Subject to clause (ii),
such ratio''; and
(2) by adding at the end the following new clause:
``(ii) Exception to annual limitation for
each of 2010 through 2019.--For each of 2010
through 2019, the limitation under clause (i)
on the total amount of additional payments for
nursing and allied health education to be
distributed to hospitals under this subsection
for portions of cost reporting periods
occurring in the year shall not apply to such
payments made in such year to those hospitals
that, as of the date of the enactment of this
clause, are operating a school of nursing, a
school of allied health, or a school of nursing
and allied health.''.
(b) No Affect on Payments for Direct Graduate Medical Education.--
Section 1886(h)(3)(D)(iii) of the Social Security Act (42 U.S.C.
1395ww(h)(3)(D)(iii)) is amended by adding at the end the following
sentence: ``In applying the preceding sentence for each of 2010 through
2019, the Secretary shall not take into account any increase in the
total amount of such additional payment amounts for such nursing and
allied health education for portions of cost reporting periods
occurring in the year pursuant to the application of paragraph
(2)(B)(ii) of such subsection.''.
(c) Retroactive Application.--The amendments made by this section
shall apply to payments made for portions of cost reporting periods
occurring in 2010 through 2019.
(d) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2023, out of any amounts in the
Treasury not otherwise appropriated, $3,000,000, to remain available
until expended, for purposes of carrying out the amendments made by
this section.
Subtitle E--Health Care Tax Provisions
SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR
TELEHEALTH.
(a) In General.--Section 223(c)(2)(E) of the Internal Revenue Code
of 1986 is amended by striking ``In the case of plan years'' and all
that follows through ``a plan'' and inserting ``In the case of--
``(i) months beginning after March 31,
2022, and before January 1, 2023, and
``(ii) plan years beginning on or before
December 31, 2021, or after December 31, 2022,
and before January 1, 2025,
a plan''.
(b) Certain Coverage Disregarded.--Section 223(c)(1)(B)(ii) of the
Internal Revenue Code of 1986 is amended by striking ``(in the case of
plan years beginning on or before December 31, 2021, or in the case of
months beginning after March 31, 2022, and before January 1, 2023)''
and inserting ``(in the case of months or plan years to which paragraph
(2)(E) applies)''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
Subtitle F--Offsets
SEC. 4161. REDUCTION OF MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,278,000,000'' and inserting
``$180,000,000''.
SEC. 4162. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT
UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2031'' and inserting
``2032''; and
(2) in clause (iii), by striking ``2031'' and inserting
``2032''.
SEC. 4163. MEDICARE DIRECT SPENDING REDUCTIONS.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i)--
(A) by striking ``On the dates OMB issues its
sequestration preview reports'' and inserting ``On the
date on which the President submits the budget under
section 1105 of title 31, United States Code,''; and
(B) by striking ``pursuant to section 254(c),'';
(2) in subparagraph (C), by moving the margin 2 ems to the
left;
(3) by striking subparagraphs (D) and (E); and
(4) by adding at the end the following:
``(D) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for fiscal
year 2032, the President shall order a sequestration of
payments for the Medicare programs specified in section 256(d),
effective upon issuance, such that, notwithstanding the 2
percent limit specified in subparagraph (A) for such payments--
``(i) with respect to the first 6 months in which
such order is effective for such fiscal year, the
payment reduction shall be 2.0 percent; and
``(ii) with respect to the second 6 months in which
such order is effective for such fiscal year, the
payment reduction shall be 0 percent.''.
TITLE V--MEDICAID AND CHIP PROVISIONS
Subtitle A--Territories
SEC. 5101. MEDICAID ADJUSTMENTS FOR THE TERRITORIES.
(a) Revising Allotments for Puerto Rico.--Section 1108(g) of the
Social Security Act (42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``clause (ii)'' and
inserting ``clause (ii) or (iii)''; and
(II) by striking ``and'' at the
end;
(ii) in clause (ii), by striking the
semicolon and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2023 and each
subsequent fiscal year, the amount specified in
paragraph (11) for such fiscal year;''; and
(B) in the matter following subparagraph (E), by
striking ``each fiscal year after fiscal year 2021''
and inserting ``fiscal year 2022 (and, in the case of a
territory other than Puerto Rico, for each subsequent
fiscal year)''; and
(2) by adding at the end the following new paragraphs:
``(11) Allotment amounts for puerto rico for fiscal year
2023 and subsequent fiscal years.--For purposes of paragraph
(2)(A)(iii), subject to paragraphs (12) and (13), the amounts
specified in this paragraph are the following:
``(A) For fiscal year 2023, $3,275,000,000.
``(B) For fiscal year 2024, $3,325,000,000.
``(C) For fiscal year 2025, $3,475,000,000.
``(D) For fiscal year 2026, $3,645,000,000.
``(E) For fiscal year 2027, $3,825,000,000.
``(F) For fiscal year 2028, the sum of the amount
that would have been provided under this subsection for
Puerto Rico for such fiscal year in accordance with
clause (i) of paragraph (2)(A) (without regard to
clause (iii) of such paragraph) had the amount provided
under this subsection for Puerto Rico for each of
fiscal years 2020 through 2027 been equal to the
following:
``(i) For fiscal year 2020, the sum of the
amount provided under this subsection for
Puerto Rico for fiscal year 2019, increased by
the percentage increase in the medical care
component of the Consumer Price Index for all
urban consumers (as published by the Bureau of
Labor Statistics) for the 12-month period
ending in March preceding the beginning of the
fiscal year, rounded to the nearest $100,000.
``(ii) For each of fiscal years 2021
through 2027, the sum of the amount provided
under this subparagraph for the preceding
fiscal year, increased in accordance with the
percentage increase described in clause (i),
rounded to the nearest $100,000.
``(G) For fiscal year 2029 and each subsequent
fiscal year, the sum of the amount specified in this
paragraph for the preceding fiscal year, increased by
the percentage increase in the medical care component
of the Consumer Price Index for all urban consumers (as
published by the Bureau of Labor Statistics) for the
12-month period ending in March preceding the beginning
of the fiscal year, rounded to the nearest $100,000.
In determining the amount specified under subparagraph (F) for
fiscal year 2028 or under subparagraph (G) for fiscal year 2029
or a subsequent fiscal year, the Secretary may in no way take
into account the amount that was provided under this subsection
for Puerto Rico for fiscal year 2022 that was based on the
Centers for Medicare & Medicaid Services' interpretation of the
flush language following paragraph (2)(E) (as described in the
letters sent by the Centers for Medicare & Medicaid Services to
the Director of the Medicaid Program for Puerto Rico dated
September 24, 2021, and November 18, 2021, respectively).
``(12) Additional increase for puerto rico.--
``(A) In general.--For fiscal year 2023 and each
subsequent fiscal year through fiscal year 2027, the
amount specified in paragraph (11) for the fiscal year
shall be equal to the amount specified for such fiscal
year under such paragraph increased by $300,000,000 if
the Secretary certifies that, with respect to such
fiscal year, Puerto Rico's State plan under title XIX
(or waiver of such plan) establishes a reimbursement
floor, implemented through a directed payment
arrangement plan, for physician services that are
covered under the Medicare part B fee schedule in the
Puerto Rico locality established under section 1848(b)
that is not less than 75 percent of the payment that
would apply to such services if they were furnished
under part B of title XVIII during such fiscal year.
``(B) Application to managed care.--In certifying
whether Puerto Rico has established a reimbursement
floor under a directed payment arrangement plan that
satisfies the requirements of subparagraph (A)--
``(i) for fiscal year 2023, the Secretary
shall apply such requirements to payments for
physician services under a managed care
contract entered into or renewed after the date
of enactment of this paragraph and disregard
payments for physician services under any
managed care contract that was entered into
prior to such date; and
``(ii) for each subsequent fiscal year
through fiscal year 2027--
``(I) the Secretary shall disregard
payments made under subcapitated
arrangements for services such as
primary care case management; and
``(II) if the reimbursement floor
for physician services applicable under
a managed care contract satisfies the
requirements of subparagraph (A) for
the fiscal year in which the contract
is entered into or renewed, such
reimbursement floor shall be deemed to
satisfy such requirements for the
subsequent fiscal year.
``(C) Nonapplication of increase in determining
allotments for subsequent fiscal years.--An increase
under this paragraph for a fiscal year may not be taken
into account in calculating the amount specified under
paragraph (11) for the succeeding fiscal year.
``(13) Further increase for puerto rico.--
``(A) In general.--For each of fiscal years 2023
through 2027, the amount specified in paragraph (11)
for the fiscal year shall be equal to the amount
specified for such fiscal year under such paragraph
(increased, if applicable, in accordance with paragraph
(12)) and further increased--
``(i) in the case of each of fiscal years
2023 through 2025, by $75,000,000 if the
Secretary determines that Puerto Rico fully
satisfies the requirements described in
paragraph (7)(A)(i) for such fiscal year; and
``(ii) in the case of each of fiscal years
2026 and 2027, by $75,000,000 if the Secretary
determines that Puerto Rico fully satisfies the
requirements described in--
``(I) paragraph (7)(A)(i) for such
fiscal year; and
``(II) paragraph (7)(A)(v) for such
fiscal year.
``(B) Nonapplication of increase in determining
allotments for subsequent fiscal years.--An increase
under this paragraph for a fiscal year may not be taken
into account in calculating the amount specified under
paragraph (11) for the succeeding fiscal year.''.
(b) Extension of Increased FMAPs.--Section 1905(ff) of the Social
Security Act (42 U.S.C. 1396d(ff)) is amended--
(1) in the header, by striking ``Temporary'';
(2) in paragraph (2)--
(A) by striking ``subject to section
1108(g)(7)(C),''; and
(B) by striking ``December 23, 2022'' and inserting
``September 30, 2027,''; and
(3) in paragraph (3), by striking ``for the period
beginning December 21, 2019, and ending December 23, 2022'' and
inserting ``beginning December 21, 2019''.
(c) Application of Asset Verification Program Requirements to
Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w)
is amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by adding at the end the
following new clause:
``(iii) Implementation in puerto rico.--The
Secretary shall require Puerto Rico to
implement an asset verification program under
this subsection by January 1, 2026.''; and
(B) in paragraph (4)--
(i) in the paragraph heading, by striking
``Exemption of territories'' and inserting
``Exemption of certain territories''; and
(ii) by striking ``and the District of
Columbia'' and inserting ``, the District of
Columbia, and Puerto Rico''; and
(2) in subsection (k)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(ii) in the matter preceding clause (i), as
so redesignated--
(I) by striking ``beginning on or
after January 1, 2021''; and
(II) by striking ``for a non-
compliant State shall be reduced--''
and inserting the following: ``for--
``(A) a non-compliant State that is one of the 50
States or the District of Columbia shall be reduced--
'';
(iii) in clause (iv), as so redesignated,
by striking the period at the end and inserting
``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(B) a non-compliant State that is Puerto Rico
shall be reduced--
``(i) for calendar quarters in fiscal year
2026 beginning on or after January 1, 2026, by
0.12 percentage points;
``(ii) for calendar quarters in fiscal year
2027, by 0.25 percentage points;
``(iii) for calendar quarters in fiscal
year 2028, by 0.35 percentage points; and
``(iv) for calendar quarters in fiscal year
2029 and each fiscal year thereafter, by 0.5
percentage points.''; and
(B) in paragraph (2)(A), by striking ``or the
District of Columbia'' and inserting ``, the District
of Columbia, or Puerto Rico''.
(d) Extension of Reporting Requirement.--Section 1108(g)(9) of the
Social Security Act (42 U.S.C. 1308(g)(9)) is amended--
(1) in subparagraph (A), by inserting ``and for fiscal year
2023 and each subsequent fiscal year (or, in the case of Puerto
Rico, and for fiscal year 2023 and each subsequent fiscal year
before fiscal year 2028)'' after ``fiscal year 2021)''; and
(2) in subparagraph (B)(i), by inserting ``or by reason of
the amendments made by section 5101 of the Health Extenders,
Improving Access to Medicare, Medicaid, and CHIP, and
Strengthening Public Health Act of 2022'' before the period at
the end.
(e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the
Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended--
(1) in clause (iii), in the header, by inserting
``reporting'' after ``reform''; and
(2) by adding at the end the following new clause:
``(v) Contracting and procurement oversight
lead requirement.--
``(I) In general.--Not later than 6
months after the date of the enactment
of this clause, the agency responsible
for the administration of Puerto Rico's
Medicaid program under title XIX shall
designate an officer (other than the
director of such agency) to serve as
the Contracting and Procurement
Oversight Lead to carry out the duties
specified in subclause (II).
``(II) Duties.--Not later than 60
days after the end of each fiscal
quarter (beginning with the first
fiscal quarter beginning on or after
the date that is 1 year after the date
of the enactment of this clause), the
officer designated pursuant to
subclause (I) shall, with respect to
each contract described in clause (iii)
with an annual value exceeding $150,000
entered into during such quarter,
certify to the Secretary either--
``(aa) that such contract
has met the procurement
standards identified under any
of sections 75.327, 75.328, and
75.329 of title 45, Code of
Federal Regulations (or
successor regulations); or
``(bb) that extenuating
circumstances (including a lack
of multiple entities competing
for such contract) prevented
the compliance of such contract
with such standards.
``(III) Publication.--The officer
designated pursuant to subclause (I)
shall make public each certification
containing extenuating circumstances
described in subclause (II)(bb) not
later than 30 days after such
certification is made, including a
description of, and justification of,
such extenuating circumstances.
``(IV) Review of compliance.--Not
later than 2 years after the date of
the enactment of this clause, the
Inspector General of the Department of
Health and Human Services shall submit
to Congress a report on the compliance
of Puerto Rico with the provisions of
this clause.''.
(f) Medicaid Data Systems Improvement Payments.--Section 1108 of
the Social Security Act (42 U.S.C. 1308) is amended by adding at the
end the following new subsection:
``(i) Data Systems Improvement Payments.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall pay to each eligible territory an amount equal
to 100 percent of the qualifying data system improvement
expenditures incurred by such territory on or after October 1,
2023.
``(2) Treatment as medicaid payments.--
``(A) In general.--Payments to eligible territories
made under this paragraph shall be considered to have
been made under, and are subject to the requirements
of, section 1903.
``(B) Nonduplication.--No payment shall be made
under title XIX (other than as provided under paragraph
(1)), title XXI, or any other provision of law with
respect to an expenditure for which payment is made
under such paragraph.
``(3) Allotments.--The Secretary shall specify an allotment
for each eligible territory for payments made under paragraph
(1) in a manner such that--
``(A) the total amount of payments made under such
paragraph for all eligible territories does not exceed
$20,000,000; and
``(B) each eligible territory receives an equitable
allotment of such payments.
``(4) No effect on territorial caps.--A payment to an
eligible territory under this subsection shall not be taken
into account for purposes of applying the payment limits under
subsections (f) and (g).
``(5) Definitions.--In this subsection:
``(A) Eligible territory.--The term `eligible
territory' means American Samoa, Guam, the Northern
Mariana Islands, and the Virgin Islands.
``(B) Qualifying data system improvement
expenditure.--The term `qualifying data system
improvement expenditure' means an expenditure by an
eligible territory to improve, update, or enhance a
data system that is used by the territory to carry out
an administrative activity for which Federal financial
participation is available under section 1903(a).''.
(g) Strategic Plan and Evaluation.--
(1) In general.--Each territory described in paragraph (2)
shall--
(A) not later than September 30, 2023, submit to
the Secretary of Health and Human Services a 4-year
strategic plan that outlines the territory's goals
relating to workforce development, financing, systems
implementation and operation, and program integrity
with respect to the territory's Medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.); and
(B) not later than September 30, 2027, submit to
the Secretary of Health and Human Services an analysis
of the extent to which the territory has achieved, or
is making progress toward achieving, the goals
described in such strategic plan, and any policy
changes relating to such goals that were adopted by the
territory after the submission of the plan.
(2) Territories described.--The territories described in
this paragraph are American Samoa, Guam, the Northern Mariana
Islands, and the Virgin Islands.
Subtitle B--Medicaid and CHIP Coverage
SEC. 5111. FUNDING EXTENSION OF THE CHILDREN'S HEALTH INSURANCE PROGRAM
AND RELATED PROVISIONS.
(a) In General.--Section 2104(a) of the Social Security Act (42
U.S.C. 1397dd(a)) is amended--
(1) in paragraph (27), by striking ``through 2026'' and
inserting ``through 2028''; and
(2) in paragraph (28)--
(A) in the matter preceding subparagraph (A), by
striking ``for fiscal year 2027'' and inserting ``for
fiscal year 2029'';
(B) in subparagraph (A), by striking ``beginning on
October 1, 2026, and ending on March 31, 2027'' and
inserting ``beginning on October 1, 2028, and ending on
March 31, 2029''; and
(C) in subparagraph (B), by striking ``beginning on
April 1, 2027, and ending on September 30, 2027'' and
inserting ``beginning on April 1, 2029, and ending on
September 30, 2029''.
(b) CHIP Allotments.--
(1) In general.--Section 2104(m) of the Social Security Act
(42 U.S.C. 1397dd(m)) is amended--
(A) in paragraph (2)(B)(i), by striking ``, 2023,
and 2027'' and inserting ``2023, and 2029'';
(B) in paragraph (5), by striking ``or 2027'' and
inserting ``or 2029'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking
``fiscal year 2027,'' and inserting ``fiscal
year 2029''; and
(ii) in the flush left matter at the end,
by striking ``or fiscal year 2026.'' and
inserting ``fiscal year 2026, or fiscal year
2028.'';
(D) in paragraph (9), by striking ``or 2027'' and
inserting ``or 2029''; and
(E) in paragraph (11)--
(i) in the paragraph header, by striking
``fiscal year 2027'' and inserting ``fiscal
year 2029''; and
(ii) in subparagraph (C)--
(I) by striking ``fiscal year
2026'' each place it appears and
inserting ``fiscal year 2028''; and
(II) by striking ``fiscal year
2027'' and inserting ``fiscal year
2029''.
(2) Conforming amendments.--Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115-123) is amended--
(A) in the paragraph header, by striking ``fiscal
year 2027'' and inserting ``fiscal year 2029'';
(B) by striking ``fiscal year 2027'' each place it
appears and inserting ``fiscal year 2029''; and
(C) by striking ``beginning on October 1, 2026, and
ending on March 31, 2027'' and inserting ``beginning on
October 1, 2028, and ending on March 31, 2029''.
(c) Other Related CHIP Policies.--
(1) Pediatric quality measures program.--Section
1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b-
9a(i)(1)) is amended--
(A) in subparagraph (C), by striking at the end
``and'';
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) for each of fiscal years 2028 and 2029,
$15,000,000 for the purpose of carrying out this
section (other than subsections (e), (f), and (g)).''.
(2) Assurance of eligibility standards for children.--
Section 2105(d)(3) of the Social Security Act (42 U.S.C.
1397ee(d)(3)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september
30, 2029''; and
(B) in subparagraph (A) by striking ``September 30,
2027'' each place it appears and inserting ``September
30, 2029''.
(3) Qualifying states option.--Section 2105(g)(4) of the
Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
(A) in the paragraph heading, by striking ``through
2027'' and inserting ``through 2029''; and
(B) in subparagraph (A), by striking ``through
2027'' and inserting ``through 2029''.
(4) Outreach and enrollment program.--Section 2113 of the
Social Security Act (42 U.S.C. 1397mm) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``through
2027'' and inserting ``through 2029''; and
(ii) in paragraph (3), by striking
``through 2027'' and inserting ``through
2029''; and
(B) in subsection (g)--
(i) by striking ``2017,,'' and inserting
``2017,'';
(ii) by striking ``and $48,000,000'' and
inserting ``$48,000,000''; and
(iii) by inserting after ``through 2027''
the following: ``, and $40,000,000 for the
period of fiscal years 2028 and 2029''.
(5) Child enrollment contingency fund.--Section 2104(n) of
the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
(A) by striking ``2024 through 2026'' each place it
appears and inserting ``2024 through 2028''; and
(B) by striking ``2023, and 2027'' each place it
appears and inserting ``2023, and 2029''.
(d) Extension of Certain Provisions.--
(1) Express lane eligibility option.--Section
1902(e)(13)(I) of the Social Security Act (42 U.S.C.
1396a(e)(13)(I)) is amended by striking ``2027'' and inserting
``2029''.
(2) Conforming amendments for assurance of affordability
standard for children and families.--Section 1902(gg)(2) of the
Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september
30, 2029''; and
(B) by striking ``2027'' each place it appears and
inserting ``2029,''.
SEC. 5112. CONTINUOUS ELIGIBILITY FOR CHILDREN UNDER MEDICAID AND CHIP.
(a) Under the Medicaid Program.--Section 1902(e) of the Social
Security Act (42 U.S.C. 1396a(e)) is amended by striking paragraph (12)
and inserting the following new paragraph:
``(12) 1 year of continuous eligibility for children.--The
State plan (or waiver of such State plan) shall provide that an
individual who is under the age of 19 and who is determined to
be eligible for benefits under a State plan (or waiver of such
plan) approved under this title under subsection (a)(10)(A)
shall remain eligible for such benefits until the earlier of--
``(A) the end of the 12-month period beginning on
the date of such determination;
``(B) the time that such individual attains the age
of 19; or
``(C) the date that such individual ceases to be a
resident of such State.''.
(b) Under the Children's Health Insurance Program.--Section
2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is
amended--
(1) by redesignating subparagraphs (K) through (T) as
subparagraphs (L) through (U), respectively; and
(2) by inserting after subparagraph (J) the following new
subparagraph:
``(K) Section 1902(e)(12) (relating to 1 year of
continuous eligibility for children), except that a
targeted low-income child enrolled under the State
child health plan or waiver may be transferred to the
Medicaid program under title XIX for the remaining
duration of the 12-month continuous eligibility period,
if the child becomes eligible for full benefits under
title XIX during such period.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal quarter that begins on or
after the date that is 1 year after the date of enactment of this Act.
SEC. 5113. MODIFICATIONS TO POSTPARTUM COVERAGE UNDER MEDICAID AND
CHIP.
Effective as if included in the enactment of sections 9812 and 9822
of the American Rescue Plan Act of 2021 (Public Law 117-2), subsection
(b) of each such section is amended by striking ``during the 5-year
period''.
SEC. 5114. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--Subsection (h) of section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (F), (H), and (J), by
striking ``and'' after the semicolon;
(B) in subparagraph (K), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(L) $450,000,000 for each of fiscal years 2024
through 2027.'';
(2) in paragraph (2), by striking ``September 30, 2023''
and inserting ``September 30 of the subsequent fiscal year'';
and
(3) by adding at the end the following new paragraph:
``(3) Technical assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary,
out of any money in the Treasury not otherwise appropriated for
fiscal 2023 and for each subsequent 3-year period through
fiscal year 2029, $5,000,000, to remain available until
expended, for carrying out subsections (f) and (g).''.
(b) Redistribution of Unexpended Grant Awards.--Subsection (e)(2)
of section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
note) is amended by adding at the end the following new sentence: ``Any
portion of a State grant award for a fiscal year under this section
that is unexpended by the State at the end of the fourth succeeding
fiscal year shall be rescinded by the Secretary and added to the
appropriation for the fifth succeeding fiscal year.''.
SEC. 5115. EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL
IMPOVERISHMENT FOR RECIPIENTS OF HOME AND COMMUNITY-BASED
SERVICES.
Section 2404 of the Patient Protection and Affordable Care Act (42
U.S.C. 1396r-5 note) is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2027''.
Subtitle C--Medicaid and CHIP Mental Health
SEC. 5121. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS,
REFERRALS, AND CASE MANAGEMENT SERVICES FOR ELIGIBLE
JUVENILES IN PUBLIC INSTITUTIONS.
(a) Medicaid State Plan Requirement.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)(84)--
(A) in subparagraph (A), by inserting ``, subject
to subparagraph (D),'' after ``but'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by adding ``and'' at the
end; and
(D) by adding at the end the following new
subparagraph:
``(D) in the case of an individual who is an
eligible juvenile described in subsection (nn)(2) and
is within 30 days of the date on which such eligible
juvenile is scheduled to be released from a public
institution following adjudication, the State shall
have in place a plan, and in accordance with such plan,
provide for--
``(i) in the 30 days prior to the release
of such eligible juvenile from such public
institution (or not later than one week, or as
soon as practicable, after release from the
public institution), and in coordination with
such institution, any screening or diagnostic
service which meets reasonable standards of
medical and dental practice, as determined by
the State, or as indicated as medically
necessary, in accordance with paragraphs (1)(A)
and (5) of section 1905(r), including a
behavioral health screening or diagnostic
service; and
``(ii) in the 30 days prior to the release
of such eligible juvenile from such public
institution, and for at least 30 days following
the release of such eligible juvenile from such
institution, targeted case management services,
including referrals for such eligible juvenile
to the appropriate care and services available
in the geographic region of the home or
residence of such eligible juvenile (where
feasible) under the State plan (or waiver of
such plan);''; and
(2) in subsection (nn)(3), by striking ``(30)'' and
inserting ``(31)''.
(b) Authorization of Federal Financial Participation.--The
subdivision (A) of section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) following paragraph (31) of such section is amended by
inserting ``, or in the case of an eligible juvenile described in
section 1902(a)(84)(D) with respect to the screenings, diagnostic
services, referrals, and targeted case management services required
under such section'' after ``(except as a patient in a medical
institution''.
(c) CHIP Conforming Amendments.--
(1) Section 2102 of the Social Security Act (42 U.S.C.
1397bb) is amended by adding at the end the following new
subsection:
``(d) Treatment of Children Who Are Inmates of a Public
Institution.--
``(1) In general.--The State child health plan shall
provide that--
``(A) the State shall not terminate eligibility for
child health assistance under the State child health
plan for a targeted low-income child because the child
is an inmate of a public institution, but may suspend
coverage during the period the child is such an inmate;
``(B) in the case of a targeted low-income child
who was determined eligible for child health assistance
under the State child health plan (or waiver of such
plan) immediately before becoming an inmate of a public
institution, the State shall, prior to the child's
release from such public institution, conduct a
redetermination of eligibility for such child with
respect to such child health assistance (without
requiring a new application from the child) and, if the
State determines pursuant to such redetermination that
the child continues to meet the eligibility
requirements for such child health assistance, the
State shall restore coverage for such child health
assistance to such child upon the child's release from
such public institution; and
``(C) in the case of a targeted low-income child
who is determined eligible for child health assistance
while an inmate of a public institution (subject to the
exception to the exclusion of children who are inmates
of a public institution described in section
2110(b)(7)), the State shall process any application
for child health assistance submitted by, or on behalf
of, the child such that the State makes a determination
of eligibility for the child with respect to child
health assistance upon release of the child from the
public institution.
``(2) Required coverage of screenings, diagnostic services,
referrals, and case management for certain inmates pre-
release.--A State child health plan shall provide that, in the
case of a targeted low-income child who is within 30 days of
the date on which such child is scheduled to be released from a
public institution following adjudication, the State shall have
in place a plan for providing, and shall provide in accordance
with such plan, screenings, diagnostic services, referrals, and
case management services otherwise covered under the State
child health plan (or waiver of such plan) in the same manner
as described in section 1902(a)(84)(D).''.
(2) Section 2110(b) of the Social Security Act (42 U.S.C.
1397jj(b)) is amended--
(A) in paragraph (2)(A), by inserting ``except as
provided in paragraph (7),'' before ``a child who is an
inmate of a public institution''; and
(B) by adding at the end the following new
paragraph:
``(7) Exception to exclusion of children who are inmates of
a public institution.--In the case of a child who is an inmate
of a public institution, during the 30 days prior to the
release of the child from such institution the child shall not
be considered to be described in paragraph (2)(A) with respect
to the screenings, diagnostic services, referrals, and case
management services otherwise covered under the State child
health plan (or waiver of such plan) that the State is required
to provide under section 2102(d)(2).''.
(d) Effective Date.--The amendments made by this section shall
apply beginning on the first day of the first calendar quarter that
begins on or after the date that is 24 months after the date of
enactment of this Act.
SEC. 5122. REMOVAL OF LIMITATIONS ON FEDERAL FINANCIAL PARTICIPATION
FOR INMATES WHO ARE ELIGIBLE JUVENILES PENDING
DISPOSITION OF CHARGES.
(a) Medicaid.--
(1) In general.--The subdivision (A) of section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) following
paragraph (31) of such section, as amended by section 5121(b),
is further amended by inserting ``, or, at the option of the
State, for an individual who is an eligible juvenile (as
defined in section 1902(nn)(2)), while such individual is an
inmate of a public institution (as defined in section
1902(nn)(3)) pending disposition of charges'' after ``or in the
case of an eligible juvenile described in section
1902(a)(84)(D) with respect to the screenings, diagnostic
services, referrals, and case management required under such
section''.
(2) Conforming amendment.--Section 1902(a)(84)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by
inserting ``(or in the case of a State electing the option
described in the subdivision (A) following paragraph (31) of
section 1905(a), during such period beginning after the
disposition of charges with respect to such individual)'' after
``is such an inmate''.
(b) CHIP.--Section 2110(b)(7) of the Social Security Act (42 U.S.C.
13977jj(b)(7)), as added by section 5121(c)(2)(B), is amended--
(1) in the heading, by striking ``Exception'' and inserting
``Exceptions''; and
(2) by adding at the end the following new sentence: ``At
the option of the State, a child who is an inmate of a public
institution shall not be considered to be described in
paragraph (2)(A) during the period that the child is an inmate
of such institution pending disposition of charges.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter that begins after
the date that is 24 months after the date of enactment of this Act and
shall apply to items and services furnished for periods beginning on or
after such date.
SEC. 5123. REQUIRING ACCURATE, UPDATED, AND SEARCHABLE PROVIDER
DIRECTORIES.
(a) Application to Managed Care.--Section 1932(a)(5) of the Social
Security Act (42 U.S.C. 1396u-2(a)(5)) is amended--
(1) in subparagraph (B)(i), by inserting ``, including as
required by subparagraph (E)'' before the period at the end;
and
(2) by adding at the end the following new subparagraph:
``(E) Provider directories.--
``(i) In general.--Each managed care
organization, prepaid inpatient health plan (as
defined by the Secretary), prepaid ambulatory
health plan (as defined by the Secretary), and,
when appropriate, primary care case management
entity (as defined by the Secretary) with a
contract with a State to enroll individuals who
are eligible for medical assistance under the
State plan under this title or under a waiver
of such plan, shall publish (and update on at
least a quarterly basis or more frequently as
required by the Secretary) on a public website,
a searchable directory of network providers,
which shall include physicians, hospitals,
pharmacies, providers of mental health
services, providers of substance use disorder
services, providers of long term services and
supports as appropriate, and such other
providers as required by the Secretary, and
that includes with respect to each such
provider--
``(I) the name of the provider;
``(II) the specialty of the
provider;
``(III) the address at which the
provider provides services;
``(IV) the telephone number of the
provider; and
``(V) information regarding--
``(aa) the provider's
cultural and linguistic
capabilities, including
languages (including American
Sign Language) offered by the
provider or by a skilled
medical interpreter who
provides interpretation
services at the provider's
office;
``(bb) whether the provider
is accepting as new patients,
individuals who receive medical
assistance under this title;
``(cc) whether the
provider's office or facility
has accommodations for
individuals with physical
disabilities, including
offices, exam rooms, and
equipment;
``(dd) the Internet website
of such provider, if
applicable; and
``(ee) whether the provider
offers covered services via
telehealth; and
``(VI) other relevant information,
as required by the Secretary.
``(ii) Network provider defined.--In this
subparagraph, the term `network provider'
includes any provider, group of providers, or
entity that has a network provider agreement
with a managed care organization, a prepaid
inpatient health plan (as defined by the
Secretary), a prepaid ambulatory health plan
(as defined by the Secretary), or a primary
care case management entity (as defined by the
Secretary) or a subcontractor of any such
entity or plan, and receives payment under this
title directly or indirectly to order, refer,
or render covered services as a result of the
State's contract with the entity or plan. For
purposes of this subparagraph, a network
provider shall not be considered to be a
subcontractor by virtue of the network provider
agreement.''.
(b) Conforming Amendments to State Plan Requirements.--Section
1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended--
(1) by striking paragraph (83) and inserting the following:
``(83) provide that in the case of a State plan (or waiver
of the plan) that provides medical assistance on a fee-for-
service basis or through a primary care case-management system
described in section 1915(b)(1), the State shall publish (and
update on at least a quarterly basis or more frequently as
required by the Secretary) on the public website of the State
agency administering the State plan, a searchable directory of
the providers described in subsection (mm) that, in addition to
such other requirements as the Secretary may specify, such as
making paper directories available to enrollees, includes with
respect to each such provider--
``(A) the name of the provider;
``(B) the specialty of the provider;
``(C) the address at which the provider provides
services;
``(D) the telephone number of the provider;
``(E) information regarding--
``(i) the provider's cultural and
linguistic capabilities, including languages
(including American Sign Language) offered by
the provider or by a skilled medical
interpreter who provides interpretation
services at the provider's office;
``(ii) whether the provider is accepting as
new patients individuals who receive medical
assistance under this title;
``(iii) whether the provider's office or
facility has accommodations for individuals
with physical disabilities, including offices,
exam rooms, and equipment;
``(iv) the Internet website of such
provider, if applicable; and
``(v) whether the provider offers covered
services via telehealth; and
``(F) other relevant information as required by the
Secretary;''; and
(2) by striking subsection (mm) and inserting the
following:
``(mm) Directory Provider Described.--
``(1) In general.--A provider described in this subsection,
at a minimum, includes physicians, hospitals, pharmacies,
providers of mental health services, providers of substance use
disorder services, providers of long term services and supports
as appropriate, and such other providers as required by the
Secretary, and--
``(A) in the case of a provider or a provider type
for which the State agency, as a condition of receiving
payment for items and services furnished by the
provider to individuals eligible to receive medical
assistance under the State plan (or a waiver of the
plan), requires the enrollment of the provider with the
State agency, includes a provider that--
``(i) is enrolled with the agency as of the
date on which the directory is published or
updated (as applicable) under subsection
(a)(83); and
``(ii) received payment under the State
plan in the 12-month period preceding such
date; and
``(B) in the case of a provider or a provider type
for which the State agency does not require such
enrollment, includes a provider that received payment
under the State plan (or a waiver of the plan) in the
12-month period preceding the date on which the
directory is published or updated (as applicable) under
subsection (a)(83).
``(2) State option to include other participating
providers.--At State option, a provider described in this
subsection may include any provider who furnishes services and
is participating under the State plan under this title or under
a waiver of such plan.''.
(c) General Application to CHIP.--Section 2107(e)(1)(G) of the
Social Security Act (42 U.S.C. 1397gg(e)(1)(G)) is amended by inserting
``and subsection (a)(83) of section 1902 (relating to searchable
directories of the providers described in subsection (mm) of such
section)'' before the period.
(d) Effective Date.--The amendments made by this section shall take
effect on July 1, 2025.
SEC. 5124. SUPPORTING ACCESS TO A CONTINUUM OF CRISIS RESPONSE SERVICES
UNDER MEDICAID AND CHIP.
(a) Guidance.--Not later than July 1, 2025, the Secretary, in
coordination with the Administrator of the Centers for Medicare &
Medicaid Services and the Assistant Secretary for Mental Health and
Substance Use, shall issue guidance to States regarding Medicaid and
CHIP that includes the following:
(1) Provides, in consultation with health care providers
and stakeholders with expertise in mental health and substance
use disorder crisis response services, recommendations for an
effective continuum of crisis response services that--
(A) includes crisis call centers, including 988
crisis services hotlines, mobile crisis teams, crisis
response services delivered in home, community,
residential facility, and hospital settings, and
coordination with follow-on mental health and substance
use disorder services, such as intensive outpatient and
partial hospitalization programs, as well as
connections to social services and supports;
(B) promotes access to appropriate and timely
mental health and substance use disorder crisis
response services in the least restrictive setting
appropriate to an individual's needs; and
(C) promotes culturally competent, trauma-informed
care, and crisis de-escalation.
(2) Outlines the Federal authorities through which States
may finance and enhance under Medicaid and CHIP the
availability of crisis response services across each stage of
the continuum of crisis response services.
(3) Addresses how States under Medicaid and CHIP may
support the ongoing implementation of crisis call centers,
including 988 crisis services hotlines, and how Medicaid
administrative funding, including enhanced matching, and the
Medicaid Information Technology Architecture 3.0 framework, may
be used to establish or enhance regional or statewide crisis
call centers, including 988 crisis services hotlines, that
coordinate in real time.
(4) Identifies how States under Medicaid and CHIP may
support access to crisis response services that are responsive
to the needs of children, youth, and families, including
through CHIP health services initiatives, behavioral disorder-
specific crisis response, trained peer support services, and
establishing or enhancing crisis call centers that are youth-
focused.
(5) Identifies policies and practices to meet the need for
crisis response services with respect to differing patient
populations, including urban, rural, and frontier communities,
differing age groups, cultural and linguistic minorities,
individuals with co-occurring mental health and substance use
disorder conditions, and individuals with disabilities.
(6) Identifies policies and practices to promote evidence-
based suicide risk screenings and assessments.
(7) Identifies strategies to facilitate timely provision of
crisis response services, including how States can enable
access to crisis response services without requiring a
diagnosis, the use of presumptive eligibility at different
stages of the continuum of crisis response services, the use of
telehealth to deliver crisis response services, strategies to
make crisis response services available 24/7 in medically
underserved regions, and best practices used by States and
health providers for maximizing capacity to deliver crisis
response services, such as identifying and repurposing
available beds, space, and staff for crisis response services.
(8) Describes best practices for coordinating Medicaid and
CHIP funding with other payors and sources of Federal funding
for mental health and substance use disorder crisis response
services, and best practices for Medicaid and CHIP financing
when the continuum of crisis response services serves
individuals regardless of payor.
(9) Describes best practices for establishing effective
connections with follow-on mental health and substance use
disorder services, as well as with social services and
supports.
(10) Describes best practices for coordinating and
financing a continuum of crisis response services through
Medicaid managed care organizations, prepaid inpatient health
plans, prepaid ambulatory health plans, and fee-for-service
delivery systems, including when States carve-out from delivery
through Medicaid managed care organizations, prepaid inpatient
health plans, prepaid ambulatory health plans, or fee-for-
service systems, mental health or substance use disorder
benefits or a subset of such services.
(11) Identifies strategies and best practices for measuring
and monitoring utilization of, and outcomes related to, crisis
response services.
(b) Technical Assistance Center.--
(1) In general.--Not later than July 1, 2025, the
Secretary, in coordination with the Administrator of the
Centers for Medicare & Medicaid Services and the Assistant
Secretary for Mental Health and Substance Use, shall establish
a technical assistance center to help States under Medicaid and
CHIP design, implement, or enhance a continuum of crisis
response services for children, youth, and adults. Such
technical assistance shall, at least in part, provide support
to States in--
(A) leveraging the Federal authorities through
which Medicaid and CHIP may finance mental health and
substance use disorder crisis response services;
(B) coordinating Medicaid and CHIP funds with other
sources of Federal funding for mental health and
substance use disorder crisis response services; and
(C) after the guidance described in subsection (a)
is issued, adopting the best practices and strategies
identified in such guidance.
(2) Compendium of best practices.--The Secretary shall
develop and maintain a publicly available compendium of best
practices for the successful operation under Medicaid and CHIP
of a continuum of crisis response services. The Secretary
annually shall review the information available through the
compendium and shall update such information when appropriate.
(c) Funding.--There is appropriated to the Secretary, out of any
funds in the Treasury not otherwise appropriated, to remain available
until expended for purposes of carrying out subsections (a) and (b),
$8,000,000.
(d) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
Subtitle D--Transitioning From Medicaid FMAP Increase Requirements
SEC. 5131. TRANSITIONING FROM MEDICAID FMAP INCREASE REQUIREMENTS.
(a) In General.--Section 6008 of the Families First Coronavirus
Response Act (42 U.S.C. 1396d note) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to subsection (b)'' and
inserting the following:
``(1) Temporary fmap increase.--Subject to subsections (b)
and (f)'';
(B) by striking ``the last day of the calendar
quarter in which the last day of such emergency period
occurs'' and inserting ``December 31, 2023'';
(C) by striking ``6.2 percentage points'' and
inserting ``the applicable number of percentage points
for the quarter (as determined in paragraph (2))''; and
(D) by adding at the end the following new
paragraph:
``(2) Applicable number of percentage points.--For purposes
of paragraph (1), the applicable number of percentage points
for a calendar quarter is the following:
``(A) For each calendar quarter that occurs during
the portion of the period described in paragraph (1)
that ends on March 31, 2023, 6.2 percentage points.
``(B) For the calendar quarter that begins on April
1, 2023, and ends on June 30, 2023, 5 percentage
points.
``(C) For the calendar quarter that begins on July
1, 2023, and ends on September 30, 2023, 2.5 percentage
points.
``(D) For the calendar quarter that begins on
October 1, 2023, and ends on December 31, 2023, 1.5
percentage points.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (a)'' and inserting ``subsection
(a)(1)'';
(B) in paragraph (2), by striking ``, with respect
to an individual enrolled under such plan (or
waiver),''; and
(C) in paragraph (3)--
(i) by striking ``as of the date of
enactment of this section'' and inserting ``as
of March 18, 2020,'';
(ii) by striking ``such date of enactment''
and inserting ``March 18, 2020,'';
(iii) by striking ``the last day of the
month in which the emergency period described
in subsection (a) ends'' and inserting ``March
31, 2023,''; and
(iv) by striking ``the end of the month in
which such emergency period ends'' and
inserting ``March 31, 2023,'';
(3) by redesignating the subsection (d) added by section 11
of division X of the Consolidated Appropriations Act, 2021
(Public Law 116-260) as subsection (e); and
(4) by adding at the end the following new subsections:
``(f) Eligibility Redeterminations During Transition Period.--
``(1) In general.-- For each calendar quarter occurring
during the portion of the period described in subsection (a)(1)
that begins on April 1, 2023, and ends on December 31, 2023
(such portion to be referred to in this subsection as the
`transition period'), if a State described in such subsection
satisfies the conditions of subsection (b) and paragraph (2) of
this subsection, the State shall receive the increase to the
Federal medical assistance percentage of the State applicable
under subsection (a). Nothing in this subsection shall be
construed as prohibiting a State, following the expiration of
the condition described in paragraph (3) of subsection (b),
from initiating renewals, post-enrollment verifications, and
redeterminations over a 12-month period for all individuals who
are enrolled in such plan (or waiver) as of April 1, 2023.
``(2) Conditions for fmap increase during transition
period.--The conditions of this paragraph with respect to a
State and the transition period are the following:
``(A) Compliance with federal requirements.--The
State conducts eligibility redeterminations under title
XIX of the Social Security Act in accordance with all
Federal requirements applicable to such
redeterminations, including renewal strategies
authorized under section 1902(e)(14)(A) of the Social
Security Act (42 U.S.C. 1396a(e)(14)(A)) or other
alternative processes and procedures approved by the
Secretary of Health and Human Services.
``(B) Maintenance of up-to-date contact
information.--The State, using the National Change of
Address Database Maintained by the United States Postal
Service, State health and human services agencies, or
other reliable sources of contact information, attempts
to ensure that it has up-to-date contact information
(including a mailing address, phone number, and email
address) for each individual for whom the State
conducts an eligibility redetermination.
``(C) Requirement to attempt to contact
beneficiaries prior to disenrollment.--The State does
not disenroll from the State plan or waiver any
individual who is determined ineligible for medical
assistance under the State plan or waiver pursuant to
such a redetermination on the basis of returned mail
unless the State first undertakes a good faith effort
to contact the individual using more than one modality.
``(g) Applicable Quarters.--A State that ceases to meet the
requirements of subsection (b) or (f) (as applicable) shall not qualify
for the increase described in subsection (a) in the Federal medical
assistance percentage for such State for the calendar quarter in which
the State ceases to meet such requirements.''.
(b) Reporting and Enforcement and Corrective Action.--Section 1902
of the Social Security Act (42 U.S.C. 1396a) is amended by adding at
the end the following new subsection:
``(tt) Requirements Relating to Transition From Families First
Coronavirus Response Act FMAP Increase Requirements; Enforcement and
Corrective Action.--
``(1) Reporting requirements.--For each month occurring
during the period that begins on April 1, 2023, and ends on
June 30, 2024, each State shall submit to the Secretary, on a
timely basis, a report, that the Secretary shall make publicly
available, on the activities of the State relating to
eligibility redeterminations conducted during such period, and
which include, with respect to the month for which the report
is submitted, the following information:
``(A) The number of eligibility renewals initiated,
beneficiaries renewed on a total and ex parte basis,
and individuals whose coverage for medical assistance,
child health assistance, or pregnancy-related
assistance was terminated.
``(B) The number of individuals whose coverage for
medical assistance, child health assistance, or
pregnancy-related assistance was so terminated for
procedural reasons.
``(C) Where applicable, the number of individuals
who were enrolled in a State child health plan or
waiver in the form described in paragraph (1) of
section 2101(a).
``(D) Unless the Administrator of the Centers for
Medicare & Medicaid Services reports such information
on behalf of the State:
``(i) In a State with a Federal or State
American Health Benefit Exchange established
under title I of the Patient Protection and
Affordable Care Act in which the systems used
to determine eligibility for assistance under
this title or title XXI are not integrated with
the systems used to determine eligibility for
coverage under a qualified health plan with
advance payment under section 1412(a) of the
Patient Protection and Affordable Care Act of
any premium tax credit allowed under section
36B of the Internal Revenue Code of 1986--
``(I) the number of individuals
whose accounts were received via secure
electronic transfer by the Federal or
State American Health Benefit Exchange,
or a basic health program established
under section 1331 of the Patient
Protection and Affordable Care Act;
``(II) the number of individuals
identified in subclause (I) who were
determined eligible for a qualified
health plan, as defined in section
1301(a)(1) of the Patient Protection
and Affordable Care Act, or (if
applicable) the basic health program
established under section 1331 of such
Act; and
``(III) the number of individuals
identified in subclause (II) who made a
qualified health plan selection or were
enrolled in a basic health program plan
(if applicable).
``(ii) In a State with a State American
Health Benefit Exchange established under title
I of the Patient Protection and Affordable Care
Act in which the systems used to determine
eligibility for assistance under this title or
title XXI are integrated with the systems used
to determine eligibility for coverage under a
qualified health plan with advance payment
under section 1412(a) of the Patient Protection
and Affordable Care Act of any premium tax
credit allowed under section 36B of the
Internal Revenue Code of 1986--
``(I) the number of individuals who
were determined eligible for a
qualified health plan, as defined in
section 1301(a)(1) of the Patient
Protection and Affordable Care Act, or
(if applicable) the basic health
program established under section 1331
of such Act; and
``(II) the number of individuals
identified in subclause (I) who made a
qualified health plan selection or were
enrolled in a basic health program plan
(if applicable).
``(E) The total call center volume, average wait
times, and average abandonment rate (as determined by
the Secretary) for each call center of the State agency
responsible for administering the State plan under this
title (or a waiver of such plan) during such month.
``(F) Such other information related to eligibility
redeterminations and renewals during the period
described in paragraph (1), as identified by the
Secretary.
``(2) Enforcement and corrective action.--
``(A) In general.--For each fiscal quarter that
occurs during the period that begins on July 1, 2023,
and ends on June 30, 2024, if a State does not satisfy
the requirements of paragraph (1), the Federal medical
assistance percentage determined for the State for the
quarter under section 1905(b) shall be reduced by the
number of percentage points (not to exceed 1 percentage
point) equal to the product of 0.25 percentage points
and the number of fiscal quarters during such period
for which the State has failed to satisfy such
requirements.
``(B) Corrective action plan; additional
authority.--
``(i) In general.--The Secretary may assess
a State's compliance with all Federal
requirements applicable to eligibility
redeterminations and the reporting requirements
described in paragraph (1), and, if the
Secretary determines that a State did not
comply with any such requirements during the
period that begins on April 1, 2023, and ends
on June 30, 2024, the Secretary may require the
State to submit and implement a corrective
action plan in accordance with clause (ii).
``(ii) Corrective action plan.--A State
that receives a written notice from the
Secretary that the Secretary has determined
that the State is not in compliance with a
requirement described in clause (i) shall--
``(I) not later than 14 days after
receiving such notice, submit a
corrective action plan to the
Secretary;
``(II) not later than 21 days after
the date on which such corrective
action plan is submitted to the
Secretary, receive approval for the
plan from the Secretary; and
``(III) begin implementation of
such corrective action plan not later
than 14 days after such approval.
``(iii) Effect of failure to submit or
implement a corrective action plan.--If a State
fails to submit or implement an approved
corrective action plan in accordance with
clause (ii), the Secretary may, in addition to
any reduction applied under subparagraph (A) to
the Federal medical assistance percentage
determined for the State and any other remedy
available to the Secretary for the purpose of
carrying out this title, require the State to
suspend making all or some terminations of
eligibility for medical assistance from the
State plan under this title (including any
waiver of such plan) that are for procedural
reasons until the State takes appropriate
corrective action, as determined by the
Secretary, and may impose a civil money penalty
of not more than $100,000 for each day a State
is not in compliance.''.
(c) Effective Date.--The amendments made by this section take
effect on April 1, 2023.
Subtitle E--Medicaid Improvement Fund
SEC. 5141. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(3)(A)) is amended by striking ``for fiscal year 2025 and
thereafter, $0'' and inserting ``for fiscal year 2028 and thereafter,
$7,000,000,000''.
TITLE VI--HUMAN SERVICES
SEC. 6101. JACKIE WALORSKI MATERNAL AND CHILD HOME VISITING
REAUTHORIZATION ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Jackie
Walorski Maternal and Child Home Visiting Reauthorization Act of
2022''.
(b) Outcomes Dashboard.--Section 511(d)(1) of the Social Security
Act (42 U.S.C. 711(d)(1)) is amended--
(1) in the paragraph heading, by striking ``benchmark
areas'' and inserting ``benchmark areas related to individual
family outcomes'';
(2) in subparagraph (D)(i), by striking ``(B)'' and
inserting ``(C)''; and
(3) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively, and inserting
after subparagraph (A) the following:
``(B) Outcomes dashboards.--The Secretary shall,
directly or by grant or contract, establish and operate
a website accessible to the public that includes an
annually updated dashboard that--
``(i) provides easy-to-understand
information on the outcomes achieved by each
eligible entity with respect to each of the
benchmarks described in subparagraph (A) of
this paragraph that apply to the eligible
entity, which shall be based on only the data
elements or types of data collected before the
date of the enactment of this section unless
administering agencies and the Secretary agree
pursuant to subsection (h)(6) that additional
data is required;
``(ii) includes a template provided by the
Secretary that will enable comparison among
eligible entities not referred to in subsection
(k)(2)(A) of--
``(I) a profile of each eligible
entity showing outcome indicators and
how the outcomes compare to benchmarks
described in subclause (II);
``(II) information on the outcome
indicators and requisite outcome levels
established for each eligible entity;
``(III) information on each model
employed in the program operated by
each eligible entity, and regarding
each benchmark area described in
subsection (d)(1)(A) in which the model
used by the eligible entity is expected
to affect participant outcomes;
``(IV) the most recently available
information from the report required by
subparagraph (E) of this paragraph;
``(V) an electronic link to the
State needs assessment under subsection
(b)(1); and
``(VI) information regarding any
penalty imposed, or other corrective
action taken, by the Secretary against
a State for failing to achieve a
requisite outcome level or any other
requirement imposed by or under this
section, and an indication as to
whether the eligible entity is
operating under a corrective action
plan under subparagraph (E)(ii) of this
paragraph, and if so, a link to the
plan, an explanation of the reason for
the implementation of the plan, and a
report on any progress made in
operating under the plan;
``(iii) includes information relating to
those eligible entities for which funding is
reserved under subsection (k)(2)(A), with
modifications as necessary to reflect tribal
sovereignty, data privacy, and participant
confidentiality; and
``(iv) protects data privacy and
confidentiality of participant families.''.
(c) Funding.--
(1) Grant amounts.--
(A) In general.--Section 511(c)(4) of the Social
Security Act (42 U.S.C. 711(c)(4)) is amended to read
as follows:
``(4) Grant amounts.--
``(A) Base grants.--
``(i) In general.--
``(I) General rule.--With respect
to each of fiscal years 2023 through
2027 for which an eligible entity not
referred to in subsection (k)(2)(A) is
awarded a base grant under this
section, the amount of the grant
payable to the eligible entity for the
fiscal year is the amount described by
clause (ii) of this subparagraph with
respect to the eligible entity, except
as provided in subclause (II) of this
clause.
``(II) Substitution of successor
eligible entity for predecessor.--If
the 1st fiscal year for which an
eligible entity is awarded a base grant
under this section for a program
operated in a State is among fiscal
years 2024 through 2027, the amount
described by clause (ii) with respect
to the eligible entity is the amount of
the base grant for which a program
operated in the State was eligible
under this subparagraph for fiscal year
2023.
``(ii) Amount described.--
``(I) General rule.--Subject to the
succeeding provisions of this clause,
the amount described by this clause
with respect to an eligible entity is--
``(aa) the amount made
available under subsection (k)
for base grants for fiscal year
2023 that remains after making
the reservations required by
subsection (k)(2) or any other
reductions required by Federal
law for fiscal year 2023;
multiplied by
``(bb) the percentage of
children in all States who have
not attained 5 years of age (as
determined by the Secretary on
the basis of the data most
recently available before
fiscal year 2023) that is
represented by the number of
such children in the State in
which the eligible entity is
operating a program pursuant to
this section (as so
determined).
``(II) Adjustments to ensure stable
funding.--If the amount otherwise
payable to an eligible entity under
subclause (I) for fiscal year 2023 is
less than 90 percent, or greater than
110 percent, of the amount payable
under this section to the eligible
entity for the program for fiscal year
2021, the Secretary shall increase the
amount otherwise so payable to 90
percent, or decrease the amount
otherwise so payable to 110 percent, as
the case may be, of the amount
otherwise so payable.
``(III) Adjustment to ensure all
base grant funds are allocated.--If the
amount described by subclause (I)(aa)
is different than the total of the
amounts otherwise described by
subclause (I) after applying subclause
(II), the Secretary shall increase or
decrease the amounts otherwise so
described after applying subclause (II)
by such equal percentage as is
necessary to reduce that difference to
zero.
``(IV) Minimum base grant amount.--
Notwithstanding the preceding
provisions of this clause, the amount
described by this clause with respect
to an eligible entity shall be not less
than $1,000,000.
``(B) Matching grants.--
``(i) Amount of grant.--
``(I) General rule.--With respect
to each of fiscal years 2024 through
2027 for which an eligible entity not
referred to in subsection (k)(2)(A) is
awarded a grant under this section, the
Secretary shall increase the amount of
the grant payable to the eligible
entity for the fiscal year under
subparagraph (A) of this paragraph by
the matching amount (if any) determined
under subclause (II) of this clause
with respect to the eligible entity for
the fiscal year and the additional
matching amount (if any) determined
under clause (iii) of this subparagraph
with respect to the eligible entity for
the fiscal year.
``(II) Matching amount.--
``(aa) In general.--Subject
to item (bb) of this subclause,
the matching amount with
respect to an eligible entity
for a fiscal year is 75 percent
of the sum of--
``(AA) the total
amount obligated by the
eligible entity for
home visiting services
in the State for the
fiscal year, from
Federal funds made
available for the
fiscal year under this
subparagraph; and
``(BB) the total
amount so obligated by
the eligible entity
from non-Federal funds,
determined under
subclause (III).
``(bb) Limitation.--The
matching amount with respect to
an eligible entity for a fiscal
year shall not exceed the
allotment under subclause (IV)
for the State in which the
eligible entity is operating a
program under this section for
the fiscal year.
``(III) Determination of
obligations from non-federal funds.--
For purposes of this clause, the total
amount obligated by an eligible entity
from non-Federal funds is the total of
the amounts that are obligated by the
eligible entity from non-Federal
sources, to the extent that--
``(aa) the services are
delivered in compliance with
subsections (d)(2) and (d)(3);
``(bb) the eligible entity
has reported the obligations to
the Secretary; and
``(cc) the amount is not
counted toward meeting the
maintenance of effort
requirement in subsection (f).
``(IV) State allotments.--The
amount allotted under this subclause
for a State in which an eligible entity
is operating a program under this
section for a fiscal year is--
``(aa) the minimum matching
grant allocation amount for the
fiscal year; plus
``(bb)(AA) the amount (if
any) by which the amount made
available under subsection (k)
for matching grants for the
fiscal year that remains after
making the reservations
required by subsection (k)(2)
or any other reduction required
by Federal law for the fiscal
year exceeds the sum of the
minimum matching grant
allocation amounts for all
eligible entities for the
fiscal year; multiplied by
``(BB) the percentage of
children in all States who have
not attained 5 years of age and
are members of families with
income not exceeding the
poverty line (as determined by
the Secretary on the basis of
the most recently available
data) that is represented by
the number of such children in
the State (as so determined).
``(V) Minimum matching grant
allocation amount.--Subject to
subclause (VI), for purposes of
subclause (IV), the minimum matching
grant allocation amount for a fiscal
year is--
``(aa) in the case of
fiscal year 2024, $776,000;
``(bb) in the case of
fiscal year 2025, $1,000,000;
``(cc) in the case of
fiscal year 2026, $1,500,000;
and
``(dd) in the case of
fiscal year 2027, $2,000,000.
``(VI) Special rule.--If, after
making any reductions otherwise
required by law for a fiscal year, the
amount made available for matching
grants under this clause for the fiscal
year is insufficient to provide the
minimum matching grant allocation
amount to each eligible entity
operating a program under this section
for the fiscal year, the Secretary may
make a proportionate adjustment to the
minimum matching grant allocation
amount for the fiscal year to
accommodate the reductions.
``(ii) Submission of statement expressing
interest in additional matching funds if
available.--Before the beginning of a fiscal
year for which an eligible entity desires a
matching grant under this subparagraph for a
program operated under this section, the
eligible entity shall submit to the Secretary a
statement as to whether the eligible entity
desires additional matching grant funds that
may be made available under clause (iii) for
the fiscal year.
``(iii) Carryover and reallocation of
unobligated funds.--
``(I) In general.--If the Secretary
determines that an amount allotted
under clause (i)(IV) of this
subparagraph for a fiscal year will not
be awarded during the fiscal year, or
that an amount made available under
subsection (k)(1) for a fiscal year for
matching grants will not be obligated
by an eligible entity for the fiscal
year, the amount shall be available for
matching grants under this subparagraph
for the succeeding fiscal year for
eligible entities that have made
submissions under clause (ii) of this
subparagraph for additional matching
grant funds from the amount.
``(II) State allotments.--The
Secretary shall allot to each eligible
entity that has made such a submission
for a fiscal year--
``(aa) the total amount (if
any) made available under
subclause (I) for the fiscal
year; multiplied by
``(bb) the percentage of
children who have not attained
5 years of age and are members
of families with income not
exceeding the poverty line (as
determined by the Secretary on
the basis of the most recently
available data) in all of the
States in which any eligible
entity that has made such a
submission is so operating a
program, that is represented by
the number of such children in
the State (as so determined) in
which the eligible entity is
operating such a program.
``(III) Additional matching
amount.--
``(aa) In general.--Subject
to item (bb) of this subclause,
the additional matching amount
with respect to an eligible
entity for a fiscal year is 75
percent of the sum of--
``(AA) the total
amount obligated by the
eligible entity for
home visiting services
in the State for the
fiscal year, from
Federal funds made
available for the
fiscal year under this
subparagraph; and
``(BB) the total
amount so obligated by
the eligible entity
from non-Federal funds,
determined under clause
(i)(III),
that are not taken into account
in determining the matching
amount with respect to the
eligible entity under clause
(i).
``(bb) Limitation.--The
additional matching amount with
respect to an eligible entity
for a fiscal year shall not
exceed the allotment under
subclause (II) for the State in
which the eligible entity is
operating a program under this
section for the fiscal year.''.
(B) Maintenance of effort.--Section 511(f) of such
Act (42 U.S.C. 711) is amended to read as follows:
``(f) Maintenance of Effort.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may not make a grant to an eligible
entity under this section for a fiscal year if the total amount
of non-Federal funds obligated by the eligible entity in the
State in the fiscal year for a program operated pursuant to
this section is less than the total amount of non-Federal funds
reported to have been expended by any eligible entity for such
a program in the State in fiscal year 2019 or 2021, whichever
is the lesser.
``(2) Publication of amounts.--Not later than June 30,
2023, the Secretary shall cause to have published in the
Federal Register the amount of non-Federal funds expended as
described in this section that has been reported by each
eligible entity not referred to in subsection (k)(2)(A) for
each of fiscal years 2019 and 2021.
``(3) Grace period.--The Secretary may, in exceptional
circumstances, allow an eligible entity a period to come into
compliance with this subsection. The Secretary shall provide
technical assistance to any eligible entity to assist the
entity in doing so.''.
(2) Reservations of funds for certain purposes.--Section
511(j)(2) of such Act (42 U.S.C. 711(j)(2)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``the amount'' and inserting ``each amount
made available for base grants and each amount made
available for matching grants'';
(B) in subparagraph (A)--
(i) by striking ``3'' and inserting ``6'';
(ii) by inserting ``and administering''
before ``grants''; and
(iii) by striking ``and'' at the end; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) 2 percent of such amount for purposes of
providing technical assistance, directly or through
grants or contracts--
``(i) for purposes as otherwise described
in subsections (c)(5), (d)(1)(C)(iii),
(d)(1)(E)(iii), and (d)(4)(E); and
``(ii) to entities referred to in
subparagraph (A) of this paragraph;
``(C) 2 percent of such amount for purposes of the
provision of workforce support, retention, and case
management, including workforce-related technical
assistance, to eligible entities, research and
evaluation, and program administration, directly or
through grants or contracts, of which the Secretary
shall use not more than $1,500,000 to establish and
operate the Jackie Walorski Center for Evidence-Based
Case Management; and
``(D) 3 percent of such amount for purposes of
research and evaluation (directly or through grants or
contracts), and for administering this section
(directly, through contracts, or otherwise).''.
(3) Appropriations.--
(A) In general.--Section 511(j)(1) of the Social
Security Act (42 U.S.C. 711(j)(1)) is amended by
striking subparagraphs (A) through (H) and inserting
the following:
``(A) for fiscal year 2023, $500,000,000 for base
grants;
``(B) for fiscal year 2024, $550,000,000, of which
$500,000,000 shall be for base grants and $50,000,000
shall be for matching grants;
``(C) for fiscal year 2025, $600,000,000, of which
$500,000,000 shall be for base grants and $100,000,000
shall be for matching grants;
``(D) for fiscal year 2026, $650,000,000, of which
$500,000,000 shall be for base grants and $150,000,000
shall be for matching grants; and
``(E) for fiscal year 2027, $800,000,000, of which
$500,000,000 shall be for base grants and $300,000,000
shall be for matching grants.''.
(B) Special rule.--Obligations and expenditures
made pursuant to section 201 of division D of the
Continuing Appropriations and Ukraine Supplemental
Appropriations Act, 2023 (Public Law 117-180) and
section 201 of division C of the Further Continuing
Appropriations and Extensions Act, 2023 shall be
charged to the appropriation made by section
511(j)(1)(A) of the Social Security Act for fiscal year
2023 (as added by subparagraph (A) of this paragraph).
(C) Repeal.--Section 201 of title II of division D
of Public Law 117-180 and section 201 of division C of
the Further Continuing Appropriations and Extensions
Act, 2023 are hereby repealed.
(4) Disposition of excess funds reserved for research,
evaluation, and administration.--Section 511(j) of the Social
Security Act (42 U.S.C. 711(j)) is amended by adding at the end
the following:
``(5) Disposition of excess funds reserved for research,
evaluation, and administration.--To the extent that the amounts
reserved under paragraph (2)(D) for a fiscal year are not
obligated in the fiscal year, the Secretary may use the funds
for any purpose described in this section or to offset any
reduction with respect to this section that is required by
Federal law.''.
(d) Requirement That Home Visiting Programs Be Targeted and
Intensive.--Section 511(d)(3) of the Social Security Act (42 U.S.C.
711(d)(3)) is amended by redesignating subparagraph (B) as subparagraph
(C) and inserting after subparagraph (A) the following:
``(B) Use of grant to provide or support targeted,
intensive home visiting services.--The program uses the
grant to provide or support targeted, intensive home
visiting services for the populations described in
paragraph (5).''.
(e) Limitation on Use of Funds for Administration.--
(1) In general.--Section 511(d) of the Social Security Act
(42 U.S.C. 711(d)) is amended by adding at the end the
following:
``(5) Limitation on use of funds for administrative
costs.--
``(A) In general.--Except as provided in
subparagraph (B) of this paragraph, an eligible entity
to which funds are provided under subsection (c) or
(h)(2)(B) shall not use more than 10 percent of the
funds to cover the costs of administration.
``(B) Authority to grant exceptions.--
``(i) In general.--The Secretary may
authorize an eligible entity that meets a
condition of clause (ii) of this subparagraph
to exceed the percentage limitation in
subparagraph (A) with respect to a program
conducted under this subsection by not more
than 5 percentage points, subject to such terms
and conditions as the Secretary deems
appropriate.
``(ii) Conditions.--An eligible entity
meets a condition of this clause if the
eligible entity--
``(I) conducts the program by
directly providing home visits to
eligible families and without a sub-
recipient;
``(II) in the fiscal year for which
the grant for the program is made under
this section, proposes to expand
services in 1 or more communities
identified in the statewide needs
assessment under subsection (b) and in
which home visiting services are not
provided; or
``(III) has conducted the program
for fewer than 3 years.''.
(2) Conforming amendments.--Section 511(i)(2) of such Act
(42 U.S.C. 711(i)(2)) is amended by striking subparagraph (C)
and redesignating subparagraphs (D) through (G) as
subparagraphs (C) through (F), respectively.
(f) Annual Report to Congress.--
(1) In general.--Section 511 of the Social Security Act (42
U.S.C. 711) is amended by redesignating subsections (j) and (k)
as subsections (k) and (l), respectively, and inserting after
subsection (i) the following:
``(j) Annual Report to Congress.--By December 31, 2023, and
annually thereafter, the Secretary shall submit to the Congress a
written report on the grants made under this section for the then
preceding fiscal year, which shall include--
``(1) an eligible entity-by-eligible entity summary of the
outcomes measured by the entity with respect to each benchmark
described in subsection (e)(5) that apply to the entity;
``(2) information regarding any technical assistance funded
under subparagraph (B) or (C) of subsection (k)(2), including
the type of any such assistance provided;
``(3) information on the demographic makeup of families
served by each such entity to the extent possible while
respecting participant confidentiality, including race,
ethnicity, educational attainment at enrollment, household
income, and other demographic markers as determined by the
Secretary;
``(4) the information described in subsection (d)(1)(E);
``(5) the estimated share of the eligible population served
using grants made under this section;
``(6) a description of each service delivery model funded
under this section by the eligible entities in each State, and
the share (if any) of the grants expended on each model;
``(7) a description of non-Federal expenditures by eligible
entities to qualify for matching funds under subsection (c)(4);
``(8) information on the uses of funds reserved under
subsection (k)(2)(C);
``(9) information relating to those eligible entities for
which funding is reserved under subsection (k)(2)(A), with
modifications as necessary to reflect tribal data sovereignty,
data privacy, and participant confidentiality; and
``(10) a list of data elements collected from eligible
entities, and the purpose of each data element in measuring
performance or enforcing requirements under this section.''.
(2) Conforming amendments.--
(A) Section 511 of such Act (42 U.S.C. 711) is
amended--
(i) in subsection (b)(1)(B)(iii), by
striking ``(k)(2)'' and inserting ``(l)(2)'';
and
(ii) in subsection (h)(2)(B)--
(I) by striking ``(j)'' and
inserting ``(k)''; and
(II) by striking ``(k)(1)(B)'' and
inserting ``(l)(1)(B)''.
(B) Section 511A(c) of such Act (42 U.S.C. 711a(c))
is amended in each of paragraphs (5) and (7) by
striking ``511(k)(2)'' and inserting ``511(l)(2)''.
(g) Reduction of Administrative Burden.--Section 511(h) of the
Social Security Act (42 U.S.C. 711(h)) is amended by adding at the end
the following:
``(6) Reduction of administrative burden.--
``(A) In general.--The Secretary shall reduce the
burden, on States and public and private implementing
agencies at the local level, of administering this
section, by--
``(i) reviewing and revising administrative
data collection instruments and forms to
eliminate duplication and streamline reporting
requirements for States, eligible entities
referred to in subsection (k)(2)(A), and
nonprofit organizations referred to in
subsection (l)(1)(B), including timelines for
submitting reports;
``(ii) conducting an analysis of the total
number of hours reported by administering
agencies on complying with paperwork
requirements, and exploring, in consultation
with administering agencies, ways to reduce the
number of hours spent by at least 15 percent;
``(iii) conducting a review of paperwork
and data collection requirements for tribal
grantees, and exploring, in consultation with
tribes and tribal organizations, ways to reduce
administrative burden, respect sovereignty, and
acknowledge the different focus points for
tribal grantees;
``(iv) collecting input from relevant State
fiscal officials to align fiscal requirements
and oversight for States and eligible entities
to ensure consistency with standards and
guidelines for other Federal formula grant
programs; and
``(v) consulting with administering
agencies and service delivery model
representatives on needed and unneeded data
elements regarding the dashboards provided for
in subsection (d)(1)(B), consistent with the
data requirements of such subsection.
``(B) Findings on paperwork reduction.--
``(i) Inclusion in report.--In the 1st
report submitted pursuant to subsection (j)
more than 18 months after the date of the
enactment of this Act, the Secretary shall
include the findings of the Secretary with
respect to the matters described in
subparagraph (A).
``(ii) Implementation.--Within 2 years
after complying with clause (i), the Secretary
shall implement the findings referred to in
clause (i).''.
(h) Virtual Home Visiting Authorization and Restrictions.--
(1) Virtual home visits.--
(A) Application requirements.--Section 511(e) of
the Social Security Act (42 U.S.C. 711(e)) is amended
by redesignating paragraph (10) as paragraph (11) and
inserting after paragraph (9) the following:
``(10) At the option of the eligible entity--
``(A) a description of any limitations or
constraints on virtual home visits under the program,
including--
``(i) a description of the plan of the
eligible entity to encourage in-person home
visits; and
``(ii) a description of the considerations
to be used in determining when a virtual home
visit is appropriate, including client consent,
client preference, geographic limitations,
model fidelity, and hazardous conditions
including public health emergencies, weather
events, health concerns for home visitors and
client families, and other local issues;
``(B) an assurance that--
``(i) the virtual home visit is implemented
as a model enhancement; or
``(ii) the Secretary has identified the
home visit as part of an effective model or
model adaptation, based on an evidence of
effectiveness review conducted using the
criteria established under subsection
(d)(3)(A)(iii); and
``(C) an assurance to the Secretary that at least 1
in-person home visit shall be conducted for each client
family under the program during the 12-month period
that begins with the entry of the client family into
the program, and during each succeeding 12-month
period, except that any such period in which a public
health emergency declared under Federal law, or under
the law of the State in which the program is conducted,
is in effect shall be extended by the length of time in
which the declaration is in effect.''.
(B) Applicable rules.--Section 511(d) of such Act
(42 U.S.C. 711(d)) is amended by redesignating
paragraph (4) and paragraph (5) (as added by subsection
(e)(1) of this section) as paragraphs (5) and (6),
respectively, and inserting after paragraph (3) the
following:
``(4) Virtual home visits.--
``(A) In general.--A virtual home visit conducted
under the program shall be considered a home visit for
purposes of this section if the application for funding
of the program submitted pursuant to this section most
recently after the effective date of this paragraph
includes the material described in subsection (e)(10).
``(B) Standards for training applicable to virtual
service delivery.--The standards for training
requirements applicable to virtual service delivery
under a home visiting model shall be equivalent to
those that apply to in-person service delivery under
the model.
``(C) Reporting requirement.--A grant made under
this section for the program may not be used for any
virtual home visit during a year, unless the eligible
entity to which the grant is made submits the report
described in subsection (e)(8)(A) for the year.
``(D) Virtual home visit defined.--In this section,
the term `virtual home visit' means a visit conducted
solely by use of electronic information and
telecommunications technologies.
``(E) Technical assistance.--If the Secretary finds
that an eligible entity has not complied with the
assurance described in subsection (e)(10)(C), the
Secretary shall, directly or through grants, contracts,
or cooperative agreements, provide the eligible entity
with such technical assistance as is necessary to
assist the eligible entity in doing so.''.
(C) Program requirement.--Section 511(d)(3)(C) of
such Act (42 U.S.C. 711(d)(3)(C)), as so redesignated
by subsection (d) of this section, is amended by adding
at the end the following:
``(vii) If the application submitted by the
eligible entity includes the assurance
described in subsection (e)(10)(C) with respect
to the program, the program provides in-person
service consistent with the assurances.''.
(D) Reports.--Section 511(e)(8)(A) of such Act (42
U.S.C. 711(e)(8)(A)) is amended by inserting ``,
including the number of virtual home visits conducted
under the program in the year covered by the report,
disaggregated with respect to each home visiting model
under which the virtual home visits are conducted''
before the semicolon.
(2) Transition rule.--
(A) In general.--A virtual home visit conducted
before the effective date of the amendments made by
this subsection under an early childhood home
visitation program funded under section 511 of the
Social Security Act shall be considered a home visit
for purposes of such section.
(B) Virtual home visit defined.--In subparagraph
(A), the term ``virtual home visit'' means a visit
conducted solely by use of electronic information and
telecommunications technologies.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on October 1, 2022.
(2) Virtual home visiting provisions.--The amendments made
by subsection (h) shall take effect on October 1, 2023.
SEC. 6102. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM.
Activities authorized by part A of title IV (other than under
section 403(c) or 418) and section 1108(b) of the Social Security Act
shall continue through September 30, 2023, in the manner authorized for
fiscal year 2022, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose.
SEC. 6103. 1-YEAR EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) The following provisions of the Social Security Act are each
amended by striking ``2022'' and inserting ``2023'':
(1) Section 436(a) (42 U.S.C. 629f(a)).
(2) Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)).
(3) Section 436(b)(5) (42 U.S.C. 629f(b)(5)).
(4) Section 438(d) (42 U.S.C. 629h(d)).
(b) The following provisions of the Social Security Act are each
amended by striking ``2021'' and inserting ``2023'':
(1) Section 425 (42 U.S.C. 625).
(2) Section 437(a) (42 U.S.C. 629g(a)).
(3) Section 437(f)(3)(A) (42 U.S.C. 629g(f)(3)(A)).
(4) Section 437(f)(10) (42 U.S.C. 629g(f)(10)).
TITLE VII--SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM
SEC. 7701. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM.
(a) In General.--Title XXXIII of the Public Health Service Act (42
U.S.C. 300mm et seq.) is amended by adding at the end the following:
``SEC. 3352. SUPPLEMENTAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Supplemental Fund (referred to in
this section as the `Supplemental Fund'), consisting of amounts
deposited into the Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2023
$1,000,000,000, for deposit into the Supplemental Fund, which amounts
shall remain available through fiscal year 2032.
``(c) Uses of Funds.--Amounts deposited into the Supplemental Fund
under subsection (b) shall be available, without further appropriation
and without regard to any spending limitation under section 3351(c), to
the WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title, including
sections 3303 and 3341(c).
``(d) Return of Funds.--Any amounts that remain in the Supplemental
Fund on September 30, 2032, shall be deposited into the Treasury as
miscellaneous receipts.''.
(b) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``section 3351'' and inserting
``sections 3351 and 3352'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``section 3351'' and inserting
``sections 3351 and 3352'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by inserting ``and the World
Trade Center Health Program Supplemental Fund'' before
the period at the end; and
(B) in subsection (d)--
(i) in paragraph (1)(B), by inserting
``(excluding any expenditures from amounts in
the World Trade Center Health Program
Supplemental Fund under section 3352)'' before
the period at the end; and
(ii) in paragraph (2), in the flush text
following subparagraph (C), by inserting
``(excluding any expenditures from amounts in
the World Trade Center Health Program
Supplemental Fund under section 3352)'' before
the period at the end; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``or as
available from the World Trade Center Health Program
Supplemental Fund under section 3352'' before the
period at the end; and
(B) in paragraph (3), by inserting ``or as
available from the World Trade Center Health Program
Supplemental Fund under section 3352'' before the
period at the end.
(c) Prevention and Public Health Fund.--Section 4002(b) of the
Patient Protection and Affordable Care Act (42 U.S.C. 300u-11(b)) is
amended--
(1) in paragraph (8), by striking ``$1,800,000,000; and''
and inserting ``$1,525,000,000;'';
(2) by striking paragraph (9) and inserting the following:
``(9) for each of fiscal years 2028 and 2029,
$1,725,000,000; and''; and
(3) by adding at the end the following:
``(10) for fiscal year 2030 and each fiscal year
thereafter, $2,000,000,000.''.
SEC. 7702. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON YOUTH.
(a) In General.--Section 3341 of the Public Health Service Act (42
U.S.C. 300mm-51) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``With respect'' through ``subtitle B, the''
and inserting ``The''; and
(B) by striking ``of such individuals'' each place
it appears;
(2) in subsection (b)(1), by inserting ``and individuals
who were exposed within a geographic area related to the
September 11, 2001, terrorist attacks in a manner similar to
the exposure within such geographic area experienced by
individuals meeting the eligibility criteria under section
3311(a)(2) or 3321(a)(1)(B)'' after ``treatment'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Research Cohort for Emerging Health Impacts on Youth.--
``(1) In general.--The WTC Program Administrator, in
consultation with the Secretary of Education, shall establish a
research cohort of sufficient size to conduct future research
studies on the health and educational impacts of exposure to
airborne toxins, or any other hazard or adverse condition,
resulting from the September 11, 2001, terrorist attacks,
including on the population of individuals who were 21 years of
age or younger at the time of exposure, including such
individuals who are screening-eligible WTC survivors or
certified-eligible WTC survivors.
``(2) Populations studied.--The research cohort under
paragraph (1) may include--
``(A) individuals who, on September 11, 2001, were
21 years of age or younger and were--
``(i) outside the New York City disaster
area; and
``(ii) in--
``(I) the area of Manhattan not
further north than 14th Street; or
``(II) Brooklyn; and
``(B) control populations, including populations of
individuals who, on September 11, 2001, were 21 years
of age or younger.''.
(b) Funding.--Section 3351(b) of such Act (42 U.S.C. 300mm-61(b))
is amended by inserting after paragraph (3) the following:
``(4) Limitation for research cohort for emerging health
impacts on youth.--Notwithstanding paragraph (1), the amounts
made available under such paragraph may not be used for fiscal
years 2023 through 2032 to carry out subsection (c) of section
3341.''.
(c) Conforming Amendment.--Section 3301(f)(2)(E) of such Act (42
U.S.C. 300mm(f)(2)(E)) is amended by striking ``section 3341(a)'' and
inserting ``subsection (a) or (c) of section 3341''.
DIVISION GG--MERGER FILING FEE MODERNIZATION
SEC. 101. SHORT TITLE.
This division may be cited as the ``Merger Filing Fee Modernization
Act of 2022''.
TITLE I--MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY
REQUIREMENTS; LIMITATION ON FUNDING
SEC. 101. MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.
Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``$45,000'' and inserting
``$30,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``2004'' and inserting
``2023''; and
(iv) by striking ``2003'' and inserting
``2022'';
(B) in paragraph (2)--
(i) by striking ``$125,000'' and inserting
``$100,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``but less'' and
inserting ``but is less''; and
(iv) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``$280,000'' and inserting
``$250,000''; and
(ii) by striking the period at the end and
inserting ``but is less than $1,000,000,000 (as
so adjusted and published);''; and
(D) by adding at the end the following:
``(4) $400,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $1,000,000,000 (as so adjusted and published)
but is less than $2,000,000,000 (as so adjusted and published);
``(5) $800,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $2,000,000,000 (as so adjusted and published)
but is less than $5,000,000,000 (as so adjusted and published);
and
``(6) $2,250,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $5,000,000,000 (as so adjusted and
published).''; and
(2) by adding at the end the following:
``(c)(1) For each fiscal year commencing after September 30, 2023,
the filing fees in this section shall be increased by an amount equal
to the percentage increase, if any, in the Consumer Price Index, as
determined by the Department of Labor or its successor, for the year
then ended over the level so established for the year ending September
30, 2022.
``(2) As soon as practicable, but not later than January 31 of each
year, the Federal Trade Commission shall publish the adjusted amounts
required by paragraph (1).
``(3) The Federal Trade Commission shall not adjust amounts
required by paragraph (1) if the percentage increase described in
paragraph (1) is less than 1 percent.
``(4) An amount adjusted under this section shall be rounded to the
nearest multiple of $5,000.''.
SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.
(a) FTC and DOJ Joint Report.--For each of fiscal years 2023
through 2027, the Federal Trade Commission and Department of Justice
shall jointly and annually report to the Congress on the operation of
section 7A of the Clayton Act (15 U.S.C. 18a) and shall include in such
report the following:
(1) The amount of funds made available to the Federal Trade
Commission and the Department of Justice, respectively, from
the premerger notification filing fees under this section, as
adjusted by the Merger Filing Fee Modernization Act of 2022, as
compared to the funds made available to the Federal Trade
Commission and the Department of Justice, respectively, from
premerger notification filing fees as the fees were determined
in fiscal year 2022.
(2) The total revenue derived from premerger notification
filing fees, by tier, by the Federal Trade Commission and the
Department of Justice, respectively.
(3) The gross cost of operations of the Federal Trade
Commission, by Budget Activity, and the Antitrust Division of
the Department of Justice, respectively.
(b) FTC Report.--The Federal Trade Commission shall include in the
report required under subsection (a), in addition to the requirements
under subsection (a), for the previous fiscal year--
(1) for actions with respect to which the record of the
vote of each member of the Federal Trade Commission is on the
public record of the Federal Trade Commission, a list of each
action with respect to which the Federal Trade Commission took
or declined to take action on a 3 to 2 vote; and
(2) for all actions for which the Federal Trade Commission
took a vote, the percentage of such actions that were decided
on a 3 to 2 vote.
(c) Summary.--The Federal Trade Commission and the Department of
Justice shall make the report required under subsection (a) available
to the Committees on the Judiciary of the House of Representatives and
of the Senate, and shall, for fiscal years 2023 through 2027, no later
than July 1, present a summary of the joint annual report for the
preceding fiscal year, including the information required in
subsections (a) and (b) of this section, to the Committees on the
Judiciary of the House of Representatives and of the Senate.
TITLE II--DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Foreign subsidies, which can take the form of direct
subsidies, grants, loans (including below-market loans), loan
guarantees, tax concessions, preferential government
procurement policies, or government ownership or control, can
distort the competitive process by enabling the subsidized firm
to submit a bid higher than other firms in the market, or
otherwise change the incentives of the firm in ways that
undermine competition following an acquisition.
(2) Foreign subsidies are particularly problematic when
granted by countries or entities that constitute a strategic or
economic threat to United States interests.
(3) The Made in China 2025 plan, states that the Chinese
Communist Party will ``support enterprises to carry out mergers
and acquisitions (M&A), equity investment, and venture capital
overseas''.
(4) The 2020 report to Congress from the bipartisan U.S.-
China Economic and Security Review Commission concluded that
the Chinese Government subsidizes companies with a goal of
their expanding into the United States and other countries,
finding that ``[t]his process assists Chinese national
champions in surpassing and supplanting global market
leaders''. The report warns that the risk is particularly acute
when it comes to emerging technologies, where China seeks to
``surpass and displace the United States altogether [and that]
[f]ailure to appreciate the gravity of this challenge and
defend U.S. competitiveness would be dire . . . [and] risks
setting back U.S. economic and technological progress for
decades''.
(5) In remarks before the Hudson Institute on December 8,
2020, FTC Commissioner Noah Phillips stated, ``[O]ne area where
antitrust needs to reckon with the strategic interests of other
nations is when we scrutinize mergers or conduct involving
state-owned entities . . . companies that are controlled, to
varying degrees, by the state . . . [and] often are a
government tool for implementing industrial policies or to
protect national security''.
(b) Purpose.--The purpose of this section is to require parties
providing pre-merger notifications to include in the notification
required under section 7A of the Clayton Act (15 U.S.C. 18a)
information concerning subsidies they receive from countries or
entities that are strategic or economic threats to the United States.
SEC. 202. MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.
(a) Definition.--In this section, the term ``foreign entity of
concern'' has the meaning given the term in section 40207 of the
Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
(b) Accounting for Foreign Government Subsidies.--A person required
to file a notification under section 7A of the Clayton Act (15 U.S.C.
18a) that received a subsidy from a foreign entity of concern shall
include in such notification content regarding such subsidy.
(c) Authority of Antitrust Regulators.--The Federal Trade
Commission, with the concurrence of the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice, and in
consultation with the Chairperson of the Committee on Foreign
Investment in the United States, the Secretary of Commerce, the Chair
of the United States International Trade Commission, the United States
Trade Representative, and the heads of other appropriate agencies, and
by rule in accordance with section 553 of title 5, United States Code,
shall require that the notification required under subsection (b) be in
such form and contain such documentary material and information
relevant to a proposed acquisition as is necessary and appropriate to
enable the Federal Trade Commission and the Assistant Attorney General
in charge of the Antitrust Division of the Department of Justice to
determine whether such acquisition may, if consummated, violate the
antitrust laws.
(d) Effective Date.--Subsection (b) shall take effect on the date
on which the rule described in subsection (c) takes effect.
TITLE III--VENUE FOR STATE ANTITRUST ENFORCEMENT
SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.
Section 1407 of title 28, United States Code, is amended--
(1) in subsection (g) by inserting ``or a State'' after
``United States'' and striking ``; but shall not include
section 4A of the Act of October 15, 1914, as added July 7,
1955 (69 Stat. 282; 15 U.S.C. 15a)''; and
(2) by striking subsection (h).
DIVISION HH--AGRICULTURE
SEC. 101. DEFINITION.
In this division, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--CONSERVATION
SEC. 201. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-PARTY
VERIFIER PROGRAM.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Program Advisory Council established under
subsection (f)(1).
(2) Agriculture or forestry credit.--The term ``agriculture
or forestry credit'' means a credit representing an amount of
greenhouse gas emissions from an agricultural or forestry
activity that are prevented, reduced, or mitigated (including
through the sequestration of carbon) as a result of an
agricultural or forestry activity.
(3) Beginning, socially disadvantaged, limited resource, or
veteran farmer, rancher, or private forest landowner.--The term
``beginning, socially disadvantaged, limited resource, or
veteran farmer, rancher, or private forest landowner'' means a
farmer, rancher, or private forest landowner who is--
(A) a beginning farmer or rancher (as defined in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)));
(B) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)));
(C) a limited resource farmer or rancher (as
defined in section 1470.3 of title 7, Code of Federal
Regulations (or successor regulations)); or
(D) a veteran farmer (as defined in section 2501 of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279)).
(4) Covered entity.--The term ``covered entity'' means a
person or entity, including a private business, non-profit
organization, or public agency, that either--
(A) is a provider of technical assistance to
farmers, ranchers, or private forest landowners in
carrying out sustainable land use management practices
that prevent, reduce, or mitigate greenhouse gas
emissions (including through the sequestration of
carbon); or
(B) is a third-party verifier entity that conducts
the verification of the processes described in
protocols for voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in
consultation with the Advisory Council, determines has
been identified to have heat trapping qualities.
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier Program
established under subsection (b).
(7) Protocol.--The term ``protocol'' means a systematic
approach for generating an agriculture or forestry credit,
which follows a transparent and thorough science-based
methodology (including 1 or more baseline scenarios)--
(A) for the development of projects to prevent,
reduce, or mitigate greenhouse gas emissions (including
projects to sequester carbon); and
(B) for demonstrating how to quantify, monitor,
report, and verify the prevention, reduction, or
mitigation of greenhouse gas emissions by projects
described in subparagraph (A).
(8) Socially disadvantaged group.--The term ``socially
disadvantaged group'' has the meaning given that term in
section 355(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(e)).
(9) Technical assistance.--The term ``technical
assistance'' means technical expertise, information, and tools
to assist a farmer, rancher, or private forest landowner, who
is engaged in or wants to engage in a project to prevent,
reduce, or mitigate greenhouse gas emissions (including a
project to sequester carbon), as necessary to meet a protocol.
(10) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary
market through which agriculture or forestry credits may be
bought or sold.
(b) Establishment of Program.--
(1) Determination.--
(A) In general.--Not later than 270 days after the
date of enactment of this Act, the Secretary shall make
a determination of whether establishing a voluntary
program to register covered entities that carry out
activities described in subsection (c)(2) will further
each of the following purposes:
(i) Facilitating the participation of
farmers, ranchers, and private forest
landowners in voluntary environmental credit
markets.
(ii) Facilitating the provision of
technical assistance, through covered entities,
to farmers, ranchers, and private forest
landowners to help overcome barriers to entry
into voluntary environmental credit markets.
(iii) Ensuring that participating farmers,
ranchers, and private forest landowners receive
fair distribution of revenues derived from the
sale of an agriculture or forestry credit.
(iv) Increasing access for farmers,
ranchers, and private forest landowners to
resources relating to existing voluntary
environmental credit markets, including
information relating to the basic market
structure and the various roles and
qualifications of different parties.
(B) Considerations.--In making the determination
under this paragraph, the Secretary shall consider the
results of the assessment conducted under subsection
(g)(2)(A) and any other relevant information.
(2) Establishment.--If the Secretary determines under
paragraph (1) that establishing such a program will further
such purposes, the Secretary shall establish a voluntary
program, to be known as the ``Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Program'', to
register covered entities that carry out activities described
in subsection (c).
(3) Report.--Not later than 90 days after making the
determination under paragraph (1), the Secretary shall publish
a report describing the reasons for such determination,
including how establishing a program under this subsection
would or would not further each of the purposes described in
paragraph (1)(A).
(c) Protocols, Qualifications, and Activities.--
(1) Widely accepted protocols and qualifications.--After
providing public notice and at least a 60-day period for public
comment, but not later than 90 days after the date on which the
Program is established, the Secretary shall publish--
(A) a list of, and documents relating to, widely
accepted protocols that are designed to ensure
consistency, reliability, effectiveness, efficiency,
and transparency of voluntary environmental credit
markets, including protocol documents and details
relating to--
(i) calculations;
(ii) sampling methodologies;
(iii) voluntary environmental credit
accounting principles;
(iv) systems for verification, monitoring,
measurement, and reporting; and
(v) methods to account for additionality,
permanence, leakage, and, where appropriate,
avoidance of double counting; and
(B) descriptions of widely accepted qualifications
possessed by covered entities that provide technical
assistance to farmers, ranchers, and private forest
landowners.
(2) Activities.--A covered entity may register under the
Program with respect to technical assistance or process
verification the covered entity carries out for activities that
prevent, reduce, or mitigate greenhouse gas emissions,
including--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice
or reduced fuel use;
(C) livestock emissions reductions, including
emissions reductions achieved through--
(i) feeds, feed additives, and the use of
byproducts as feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions
reductions;
(G) reforestation;
(H) forest management, including improving
harvesting practices and thinning diseased trees;
(I) prevention of the conversion of forests,
grasslands, and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed
grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary;
and
(M) such other activities, or combinations of
activities, that the Secretary, in consultation with
the Advisory Council, determines to be appropriate.
(3) Inclusions.--In publishing the list of widely accepted
protocols and the descriptions of widely accepted
qualifications under paragraph (1), the Secretary, in
consultation with the Advisory Council, shall include all
relevant information relating to market-based protocols, as
appropriate, with regard to--
(A) quantification;
(B) verification;
(C) additionality;
(D) permanence;
(E) reporting; and
(F) other expertise, as determined by the
Secretary.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list and descriptions
published under paragraph (1) to include any additional
protocols or qualifications described in paragraph (3).
(d) Registration, Website, and Publication of Lists.--
(1) Registration list.--
(A) In general.--Not later than 1 year after
establishing the Program, the Secretary shall publish,
through a website maintained by the Secretary, a
registration list consisting of a list of covered
entities that have submitted information to the
Secretary, which list the Secretary shall regularly
update.
(B) Registration.--A covered entity may register
under the Program to be included on the registration
list by submitting to the Secretary, through a website
maintained by the Secretary, information that--
(i) shall include--
(I) the region in which the covered
entity provides its services;
(II) whether the covered entity is
a technical assistance provider or a
verifier; and
(III) the protocols in which the
covered entity has proficiency; and
(ii) may include additional information
that--
(I) has been identified by the
Advisory Council in its initial
assessment under subsection (g)(1) to
ensure certainty for producers in the
marketplace for agriculture or forestry
credits; and
(II) the Secretary determines is
appropriate for inclusion.
(2) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established, the
Secretary shall publish, through an existing website maintained
by the Secretary--
(A) information describing how covered entities may
register under the Program in accordance with paragraph
(1);
(B) a list of the widely accepted protocols and
qualifications published by the Secretary under
subsection (c)(1); and
(C) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating
the development of agriculture or forestry credits and
accessing voluntary environmental credit markets,
including--
(i) through working with covered entities
registered under the Program; and
(ii) by providing information relating to
programs, registries, and protocols of programs
and registries that provide market-based
participation opportunities for working and
conservation agricultural and forestry lands.
(3) Programmatic integrity.--The Secretary shall ensure, to
the maximum extent practicable, that covered entities
registered under the Program--
(A) act in good faith to provide realistic
estimates of costs and revenues relating to activities
and verification of processes described in subsection
(c)(2), as applicable to the covered entity; and
(B) demonstrate expertise in, and are able to
perform in accordance with, best management practices
for agricultural and forestry activities that prevent,
reduce, or mitigate greenhouse gas emissions (including
through the sequestration of carbon).
(4) Removal from registration list.--
(A) In general.--
(i) Removal.--The Secretary shall remove a
covered entity from the registration list under
the Program if the Secretary determines that
the covered entity has not acted in accordance
with--
(I) the information provided by the
entity under paragraph (1)(B); or
(II) best management practices for
agricultural and forestry activities
that prevent, reduce, or mitigate
greenhouse gas emissions (including
through the sequestration of carbon).
(ii) Determination.--The Secretary may make
a determination under clause (i)--
(I) based on a periodic review of a
representative sample of covered
entities, which shall occur not less
frequently than once each year; or
(II) as necessary.
(B) Appeal of removal.--
(i) In general.--A covered entity that has
been removed from the registration list
pursuant to subparagraph (A) may appeal the
determination to the Secretary.
(ii) Re-registration.--A covered entity
that appeals a determination under clause (i)
may re-register under the Program if the
covered entity successfully proves, as
determined by the Secretary, that the covered
entity has acted in accordance with, as
applicable--
(I) the information provided by the
entity under paragraph (1)(B); and
(II) best management practices for
agricultural and forestry activities
that prevent, reduce, or mitigate
greenhouse gas emissions (including
through the sequestration of carbon).
(C) Notification.--If the Secretary removes a
covered entity from the registration list pursuant to
subparagraph (A), to the extent practicable, the
Secretary shall--
(i) request from that covered entity
contact information for all farmers, ranchers,
and private forest landowners to which the
covered entity provided technical assistance or
the verification of the processes described in
protocols of voluntary environmental credit
markets; and
(ii) notify those farmers, ranchers, and
private forest landowners of the removal.
(5) Savings clause.--Nothing in this section authorizes the
Secretary to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project
facilitated by a covered entity certified under paragraph (1).
(e) Submission of Fraudulent Information or Claims.--
(1) In general.--A person or entity, regardless of whether
the person or entity is registered under the Program, shall not
make a fraudulent submission under subsection (d) or make a
fraudulent claim regarding the presence of that person or
entity on the registration list published under such
subsection.
(2) Penalty.--Any person or entity that violates paragraph
(1) shall be--
(A) subject to a civil penalty equal to such amount
as the Secretary determines to be appropriate, not to
exceed $1,000 per violation; and
(B) ineligible to register under the Program for
the 5-year period beginning on the date of the
violation.
(f) Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the
date on which the Program is established, the Secretary shall
establish an advisory council, to be known as the ``Greenhouse
Gas Technical Assistance Provider and Third-Party Verifier
Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be
composed of members appointed by the Secretary in
accordance with this paragraph.
(B) General representation.--The Advisory Council
shall--
(i) be broadly representative of the
agriculture and private forest sectors;
(ii) include beginning, socially
disadvantaged, limited resource, and veteran
farmers, ranchers, and private forest
landowners; and
(iii) be composed of not less than 51
percent farmers, ranchers, or private forest
landowners.
(C) Members.--Members appointed under subparagraph
(A) shall include--
(i) not more than 2 representatives of the
Department of Agriculture, as determined by the
Secretary;
(ii) not more than 1 representative of the
Environmental Protection Agency, as determined
by the Administrator of the Environmental
Protection Agency;
(iii) not more than 1 representative of the
National Institute of Standards and Technology;
(iv) not fewer than 12 representatives of
the agriculture industry, appointed in a manner
that is broadly representative of the
agriculture sector, including not fewer than 6
active farmers and ranchers;
(v) not fewer than 4 representatives of
private forest landowners or the forestry and
forest products industry appointed in a manner
that is broadly representative of the private
forest sector;
(vi) not more than 4 representatives of the
relevant scientific research community,
including not fewer than 2 representatives from
land-grant colleges and universities (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)), of which 1
shall be a representative of a college or
university eligible to receive funds under the
Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter
841; 7 U.S.C. 321 et seq.), including Tuskegee
University;
(vii) not more than 2 experts or
professionals familiar with voluntary
environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of
nongovernmental or civil society organizations
with relevant expertise, of which not fewer
than 1 shall represent the interests of
socially disadvantaged groups;
(ix) not more than 3 members of private
sector entities or organizations that
participate in voluntary environmental credit
markets; and
(x) any other individual whom the Secretary
determines to be necessary to ensure that the
Advisory Council is composed of a diverse group
of representatives of industry, academia,
independent researchers, and public and private
entities.
(D) Chair.--The Secretary shall designate a member
of the Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of
the Advisory Council shall be 2 years, except
that, of the members first appointed--
(I) not fewer than 8 members shall
serve for a term of 1 year;
(II) not fewer than 12 members
shall serve for a term of 2 years; and
(III) not fewer than 12 members
shall serve for a term of 3 years.
(ii) Additional terms.--After the initial
term of a member of the Advisory Council,
including the members first appointed, the
member may serve not more than 4 additional 2-
year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not
less frequently than annually, at the call of the
Chair.
(B) Initial meeting.--During the 90-day period
beginning on the date on which the members are
appointed under paragraph (2)(A), the Advisory Council
shall hold an initial meeting.
(4) General duties.--The Advisory Council shall--
(A) periodically review and recommend any
appropriate changes to--
(i) the list of protocols and description
of qualifications published by the Secretary
under subsection (c)(1); and
(ii) the activities described in subsection
(c)(1)(B);
(B) make recommendations to the Secretary regarding
the best practices that should be included in the
protocols, description of qualifications, and
activities described in subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary
environmental credit markets to quantify and
verify the prevention, reduction, or mitigation
of greenhouse gas emissions (including the
sequestration of carbon);
(ii) means to reduce barriers to entry in
the business of providing technical assistance
or the verification of the processes described
in protocols of voluntary environmental credit
markets for covered entities, including by
improving technical assistance provided by the
Secretary;
(iii) means to reduce compliance and
verification costs for farmers, ranchers, and
private forest landowners in entering voluntary
environmental credit markets, including through
mechanisms and processes to aggregate the value
of activities across land ownership;
(iv) issues relating to land and asset
ownership in light of evolving voluntary
environmental credit markets; and
(v) additional means to reduce barriers to
entry in voluntary environmental credit markets
for farmers, ranchers, and private forest
landowners, particularly for beginning,
socially disadvantaged, limited resource, and
veteran farmers, ranchers, and private forest
landowners.
(5) Compensation.--The members of the Advisory Council
shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of
the Advisory Council that may result in the favoring
of, or a direct and predictable effect on--
(i) the member or a family member, as
determined by the Secretary;
(ii) stock owned by the member or a family
member, as determined by the Secretary; or
(iii) the employer of, or a business owned
in whole or in part by, the member or a family
member, as determined by the Secretary; or
(B) providing advice or recommendations regarding,
or otherwise participating in, matters of the Advisory
Council that--
(i) constitute a conflict of interest under
section 208 of title 18, United States Code; or
(ii) may call into question the integrity
of the Advisory Council, the Program, or the
technical assistance or verification activities
described under subsection (c)(2).
(7) FACA applicability.--The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.),
except that section 14(a)(2) of that Act shall not apply.
(g) Assessment.--
(1) Initial assessment.--Not later than 90 days after the
Advisory Council holds an initial meeting, the Advisory Council
shall submit to the Secretary, the Committee on Agriculture of
the House of Representatives, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an initial assessment
that examines ways to ensure certainty for farmers, ranchers,
or private forest landowners in the marketplace for agriculture
or forestry credits, including identification of any
information that may be appropriate for entities to provide
when registering under subsection (d)(1)(B).
(2) General assessment.--Not later than 240 days after the
date of enactment of this Act, the Secretary, in consultation
with the Administrator of the Environmental Protection Agency,
shall--
(A) conduct an assessment, which incorporates
information from existing publications and reports of
the Department of Agriculture and other entities with
relevant expertise, regarding--
(i) the number and categories of non-
Federal actors in the nonprofit and for-profit
sectors involved in development, generation, or
sale of agriculture or forestry credits in
voluntary environmental credit markets;
(ii) the estimated overall domestic market
demand for agriculture or forestry credits at
the end of the preceding 4-calendar year
period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or
forestry credits (measured in metric tons of
carbon dioxide equivalent) that were estimated
to be in development, generated, or sold in
market transactions during the preceding 4-
calendar year period, and historically, in
voluntary environmental credit markets;
(iv) the estimated supply and demand of
metric tons of carbon dioxide equivalent of
offsets in the global marketplace for the next
4 years;
(v) the barriers to entry due to compliance
and verification costs described in subsection
(f)(4)(C)(iii);
(vi) the state of monitoring and
measurement technologies needed to quantify
long-term carbon sequestration in soils and
from other activities to prevent, reduce, or
mitigate greenhouse gas emissions in the
agriculture and forestry sectors;
(vii) means to reduce barriers to entry
into voluntary environmental credit markets for
beginning, socially disadvantaged, limited
resource, and veteran farmers, ranchers, and
private forest landowners, and the extent to
which existing protocols of voluntary
environmental credit markets allow for
aggregation of projects among farmers,
ranchers, and private forest landowners;
(viii) the extent to which the existing
regimes for generating and selling agriculture
or forestry credits (as the regimes exist at
the end of the preceding 4-calendar year
period, and historically), and existing
voluntary environmental credit markets, may be
impeded or constricted, or achieve greater
scale and reach, if the Department of
Agriculture were involved, including
involvement in education described in clause
(ix);
(ix) the extent to which Department of
Agriculture education of stakeholders about
voluntary environmental credit markets would
benefit those stakeholders, including whether
that education would reduce barriers to entry
identified under clause (v);
(x) the extent to which existing protocols
of voluntary environmental credit markets,
including verification, additionality,
permanence, and reporting, adequately take into
consideration and account for factors
encountered by the agriculture and private
forest sectors in preventing, reducing, or
mitigating greenhouse gas emissions (including
by sequestering carbon) through agriculture and
forestry practices, considering variances
across regions, topography, soil types, crop or
species varieties, and business models;
(xi) the extent to which existing protocols
of voluntary environmental credit markets
consider options to ensure the continued
valuation, through discounting or other means,
of agriculture and forestry credits in the case
of the practices underlying those credits being
disrupted due to unavoidable events, including
production challenges and natural disasters;
and
(xii) opportunities for other voluntary
markets outside of voluntary environmental
credit markets to foster the trading, buying,
or selling of credits that are derived from
activities that provide other ecosystem service
benefits, including activities that improve
water quality, water quantity, wildlife habitat
enhancement, and other ecosystem services, as
the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of
Representatives.
(3) Quadriennial assessment.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency and the Advisory Council, shall conduct the
assessment described in paragraph (2)(A) and publish and submit
such assessment in accordance with subparagraphs (B) and (C) of
paragraph (2) every 4 years after the publication and
submission of the first assessment under subparagraphs (B) and
(C) of paragraph (2).
(h) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph
(2), the Secretary, any other officer or employee of
the Department of Agriculture or any agency of the
Department of Agriculture, or any other person may not
disclose to the public the information held by the
Secretary described in subparagraph (B).
(B) Information.--
(i) In general.--Except as provided in
clause (ii), the information prohibited from
disclosure under subparagraph (A) is--
(I) personally identifiable
information, including in a contract or
service agreement, of a farmer,
rancher, or private forest landowner,
obtained by the Secretary under
subsection (d)(4)(C)(i); and
(II) confidential business
information in a contract or service
agreement of a farmer, rancher, or
private forest landowner obtained by
the Secretary under subsection
(d)(4)(C)(i).
(ii) Aggregated release.--Information
described in clause (i) may be released to the
public if the information has been transformed
into a statistical or aggregate form that does
not allow the identification of the person who
supplied or is the subject of the particular
information.
(2) Exception.--Paragraph (1) shall not prohibit the
disclosure by an officer or employee of the Federal Government
of information described in paragraph (1)(B) as otherwise
directed by the Secretary or the Attorney General for
enforcement purposes.
(i) Funding.--
(1) Authorization of appropriations.--In addition to the
amount made available under paragraph (2), there is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2023 through 2027.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of
the unobligated balance of amounts made available by
section 1003 of the American Rescue Plan Act of 2021
(Public Law 117-2).
(B) Appropriation.--If such unobligated amounts are
available to execute the rescission under subparagraph
(A), on the day after the execution of the rescission,
there is appropriated to the Secretary, out of amounts
in the Treasury not otherwise appropriated, $4,100,000
to carry out this section to remain available for
fiscal years 2023 through 2027.
(3) Prohibition.--None of the funds of the Commodity Credit
Corporation shall be used to carry out this section.
(j) Rule of Construction.--Nothing in this section shall be
construed to provide authority to the Secretary for the establishment
or operation of a Federal market through which agriculture or forestry
credits may be bought or sold.
SEC. 202. ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLIC-PRIVATE
PARTNERSHIPS.
Section 1241(f) of the Food Security Act of 1985 (16 U.S.C.
3841(f)) is amended--
(1) in the subsection heading, by inserting ``for Public-
Private Partnerships'' after ``Contributions'';
(2) by amending paragraph (1) to read as follows:
``(1) Establishment of public-private partnership
contributions accounts.--The Secretary shall establish the
necessary accounts and process to accept contributions of
private funds for the purposes of addressing the changing
climate, sequestering carbon, improving wildlife habitat,
protecting sources of drinking water, and addressing other
natural resource priorities identified by the Secretary.'';
(3) in paragraph (2), by striking ``a conservation program
administered by the Secretary under subtitle D shall be
deposited into the sub-account'' and inserting ``a covered
program shall be deposited into the account''; and
(4) by adding at the end the following:
``(3) Secretarial authority.--
``(A) In general.--The Secretary may accept under
this subsection contributions of such funds as the
Secretary determines appropriate, taking into
consideration--
``(i) the source of the funds to be
contributed;
``(ii) the natural resource concerns to be
addressed through the use of the funds;
``(iii) the amount of funds to be
contributed;
``(iv) whether the activities proposed to
be carried out using the funds are consistent
with the priorities of the Secretary; and
``(v) any other factors the Secretary
determines to be relevant.
``(B) Determination.--A determination of whether to
accept private funds under this subsection shall be at
the sole discretion of the Secretary.
``(4) Match of contributed funds.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may provide matching Federal funds, and
determine the level of such match, which shall not
exceed 75 percent, for the private funds contributed
under this subsection, subject to the availability of
funding for the applicable covered program.
``(B) Distribution of federal funding for states.--
The Secretary may not provide any matching Federal
funds pursuant to subparagraph (A) in a manner that
would result in a substantial reduction in the
historical distribution of Federal funding to any State
for any covered program.
``(C) Limitation.--No funds made available pursuant
to Public Law 117-169 may be used to provide matching
Federal funds pursuant to subparagraph (A).
``(5) Role of contributing entity.--An entity contributing
funds under this subsection may--
``(A) designate the covered program for which the
contributed funds are intended to be used;
``(B) specify the geographic area in which the
contributed funds are intended to be used;
``(C) identify a natural resource concern the
contributed funds are intended to be used to address;
``(D) with respect to an activity funded pursuant
to this subsection that may result in environmental
services benefits to be sold through an environmental
services market, subject to the approval of the
Secretary, prescribe the terms for ownership of the
entity's share of such environmental services benefits
resulting from such activity; and
``(E) work with the Secretary to promote the
activities funded pursuant to this subsection.
``(6) Producer participation.--
``(A) Notification.--The Secretary shall establish
a process to provide notice to producers--
``(i) of activities that may be carried
out, through a covered program, pursuant to
this section; and
``(ii) any terms prescribed by the
contributing entity under paragraph (5)(D) with
respect to such activities.
``(B) Retention of environmental services
benefits.--The Secretary shall not claim or impede any
action of a producer with respect to the environmental
services benefits they accrue through activities funded
pursuant to this subsection.
``(7) Consistency with program requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall ensure that the
terms and conditions of activities carried out using
funds contributed under this subsection are consistent
with the requirements of the applicable covered
program.
``(B) Adjustments.--
``(i) In general.--The Secretary may, if
the Secretary determines necessary, adjust a
regulatory requirement of a covered program, or
related guidance, as it applies to an activity
carried out using funds contributed under this
subsection--
``(I) to provide a simplified
process; or
``(II) to better reflect unique
local circumstances and to address a
specific priority of the contributing
entity.
``(ii) Limitation.--The Secretary shall not
adjust the application of statutory
requirements for a covered program, including
requirements governing appeals, payment limits,
and conservation compliance.
``(8) Report.--Not later than December 31, 2024, and each
year thereafter through December 31, 2031, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that contains--
``(A) the name and a description of each entity
contributing private funds under this subsection that
took an action under paragraph (5), and a description
of each such action;
``(B) the name and a description of each entity
contributing private funds under this subsection for
which the Secretary has provided matching Federal
funds, and the level of that match, including the
amount of such matching Federal funds; and
``(C) the total amounts of--
``(i) private funds contributed under this
subsection; and
``(ii) matching Federal funds provided by
the Secretary under paragraph (4).
``(9) Covered program defined.--In this subsection, the
term `covered program' means a program carried out by the
Secretary under--
``(A) subtitle D (except for subchapter B of such
subtitle), subtitle H, or subtitle I;
``(B) section 403 of the Agricultural Credit Act of
1978 (16 U.S.C. 2203);
``(C) title V of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6571 et seq.); or
``(D) the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.), except for any program
established by the Secretary to carry out section 14 of
such Act (16 U.S.C. 1012).
``(10) Duration of authority.--The authority of the
Secretary under this subsection shall expire, with respect to
each covered program, on the date on which the authority of the
covered program expires.''.
TITLE II--COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM
SEC. 301. IN GENERAL.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133)
is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Additional transfers.--In addition to amounts
transferred under paragraph (1), the Commission may transfer up
to $10,000,000 from the Fund into the account.'';
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``until'' and all that follows
through the period at the end and inserting ``until
October 1, 2024.''; and
(4) in paragraph (4) (as so redesignated), by striking
``on'' and all that follows through ``shall'' and inserting
``on October 1, 2024, shall''.
TITLE III--FORESTRY
SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE HEALTHY
FORESTS RESERVE PROGRAM.
Section 502 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572) is amended by adding at the end the following:
``(g) Easement Modification or Termination.--
``(1) In general.--The Secretary may modify or terminate an
easement or other interest in land administered by the
Secretary under this title if--
``(A) the owner of the land agrees to the
modification or termination; and
``(B) the Secretary determines that the
modification or termination--
``(i) will address a compelling public need
for which there is no practicable alternative;
and
``(ii) is in the public interest.
``(2) Consideration; conditions.--
``(A) Termination.--As consideration for
termination of an easement or other interest in land
under this subsection, the Secretary shall enter into a
compensatory arrangement, as the Secretary determines
to be appropriate.
``(B) Modification.--In the case of a modification
of an easement or other interest in land under this
subsection--
``(i) as a condition of the modification,
the owner of the land shall enter into a
compensatory arrangement, as the Secretary
determines to be appropriate, to incur the
costs of modification; and
``(ii) the Secretary shall ensure that--
``(I) the modification will not
adversely affect the forest ecosystem
functions and values for which the
easement or other interest in land was
acquired;
``(II) any adverse impacts will be
mitigated by enrollment and restoration
of other land that provides greater
forest ecosystem functions and values
at no additional cost to the Federal
Government; and
``(III) the modification will
result in equal or greater
environmental and economic values to
the United States.''.
TITLE IV--NUTRITION
SEC. 501. EBT BENEFIT FRAUD PREVENTION.
(a) Guidance; Rulemaking.--The Secretary shall--
(1) issue guidance to State agencies, on an ongoing basis,
as informed by the process outlined in paragraph (4), that
describes security measures that--
(A) are effective, as determined by the Secretary,
in detecting and preventing theft of benefits,
including through card skimming, card cloning, and
other similar fraudulent methods;
(B) are consistent with industry standards for
detecting, identifying, and preventing debit and credit
card skimming, card cloning, and other similar
fraudulent methods; and
(C) consider the feasibility of cost, availability,
and implementation for States;
(2) promulgate regulations through notice-and-comment
rulemaking to require State agencies to take the security
measures described in the guidance issued under paragraph (1);
(3) not later than December 1, 2023, promulgate regulations
(including an interim final rule) to require State agencies to
implement procedures for the replacement of benefits consistent
with subsection (b);
(4) coordinate with the Administrator of the Administration
for Children and Families of the Department of Health and Human
Services, the Attorney General of the United States, State
agencies, retail food stores, and EBT contractors--
(A) to determine--
(i) how benefits are being stolen through
card skimming, card cloning, and other similar
fraudulent methods;
(ii) how those stolen benefits are used;
and
(iii) to the maximum extent practicable,
the locations where card skimming, card
cloning, and other similar fraudulent methods
are taking place;
(B) to establish measures, including equipment
enhancements for retail food stores, to prevent
benefits from being stolen through card skimming, card
cloning, and other similar fraudulent methods; and
(C) to establish standard reporting methods for
States to collect and share data with the Secretary on
the scope of benefits being stolen through card
skimming, card cloning, and other similar fraudulent
methods; and
(5) not later than October 1, 2024, submit to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report that includes--
(A) to the maximum extent practicable, information
on the frequency of theft of benefits and the location
of those thefts, including benefits stolen through card
skimming, card cloning, and other similar fraudulent
methods;
(B) a description of the determinations made under
paragraph (4)(A), the measures established under
paragraph (4)(B), and methods established in paragraph
(4)(C);
(C) a description of the industry standards
described in paragraph (1)(B); and
(D) recommendations on how to consistently detect,
track, report, and prevent theft of benefits, including
benefits stolen through card skimming, card cloning,
and other similar fraudulent methods.
(b) Replacement of Benefits.--The Secretary shall use funds
appropriated under section 18 of the Food and Nutrition Act of 2008 (7
U.S.C. 2027) to require States to replace benefits that are determined
by the State agency to have been stolen through card skimming, card
cloning, or similar fraudulent methods, subject to the conditions
that--
(1) the State agency shall submit to the Secretary not
later than 60 days after the date of the enactment of this Act
for prior approval a plan for the replacement of stolen
benefits that--
(A) includes appropriate procedures, as determined
by the Secretary, for the timely submission of claims
to, timely validation of claims by, and replacement
issuance by the State agency that includes--
(i) a signed statement by the affected
household on the benefit theft, consistent with
the signature requirements and options provided
by section 11(e)(2)(C) of the Food and
Nutrition Act of 2008, as amended (7 U.S.C.
2020(e)(2)(C));
(ii) criteria to determine if a submitted
claim is valid;
(iii) procedures for the documentation of
replacement issuances, including the submitted
claims and findings from the validation;
(iv) the submission of data reports on
benefit theft and replacement activity to the
Secretary;
(v) procedures to inform households of
their right to a fair hearing, consistent with
those already established by section 11(e) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) and corresponding regulations
concerning replacement issuances; and
(vi) the State agency's use and planned use
of benefit theft prevention measures, including
any additional guidance that may be issued
under subsection (a)(1);
(B) includes appropriate procedures, as determined
by the Secretary, for reporting the scope and frequency
of card skimming affecting households within the State
to the Secretary;
(C) upon approval shall be incorporated into the
State plan of operation required under section 11(e) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e));
and
(D) the Secretary may approve after the date on
which guidance is issued under subsection (a)(1);
(2) the replacement of stolen benefits for a household--
(A) shall not exceed the lesser of--
(i) the amount of benefits stolen from the
household; or
(ii) the amount equal to 2 months of the
monthly allotment of the household immediately
prior to the date on which the benefits were
stolen;
(B) shall not occur more than 2 times per Federal
fiscal year per household by a single State agency; and
(C) shall only apply to benefits stolen during the
period beginning on October 1, 2022, and ending on
September 30, 2024;
(3) plans approved under paragraph (1) will remain in
effect until the effective date of the rule promulgated
pursuant to subsection (a)(3); and
(4) replacements of benefits under this section shall not
be regarded as losses for the purpose of section 7(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2016(e)) to the extent
such replacements are made in accordance with an approved plan
that complies with this subsection.
(c) Definitions.--In this section, the terms ``allotment'',
``benefit'', ``household'', ``retail food store'', and ``State agency''
have the meaning given those terms in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(d) Rescission.--Of the unobligated balances made available for the
Supplemental Nutrition Assistance Program as authorized by section
1101(b)(1) of the American Rescue Plan Act of 2021 (Public Law 117-2),
$8,000,000 is hereby rescinded.
SEC. 502. INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH EBT
AND ALTERNATIVE DELIVERY OPTIONS.
(a) Agreements.--Section 12(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(b)) is amended--
(1) by inserting ``and Indian Tribal organizations'' after
``State agencies'' each place it appears; and
(2) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``and Indian Tribal organization'' before
``budget''.
(b) Noncongregate Meals.--Section 13 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761) is amended--
(1) in subsection (a), by adding at the end the following:
``(13) Noncongregate meals.--
``(A) In general.--Beginning not later than summer
2023, the Secretary shall make available an option to
States to provide program meals under this section for
noncongregate consumption in a rural area with no
congregate meal service, as determined by the
Secretary.
``(B) Summer 2023.--Notwithstanding any other
provision in this paragraph, for summer 2023, the
Secretary may allow States to use implementation models
developed by the Secretary for demonstration projects
carried out under section 749(g) of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2010 (Public Law
111-80; 123 Stat. 2132), to carry out subparagraph (A).
``(C) Eligibility determination.--In administering
this paragraph, the Secretary shall ensure that
noncongregate meals are only available for a child--
``(i) in an area in which poor economic
conditions exist; and
``(ii) in an area that is not an area in
which poor economic conditions exist, if the
child is determined to be eligible for a free
or reduced price lunch under this Act or a free
or reduced price breakfast under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(D) Priorities.--
``(i) In general.--States shall--
``(I) identify areas with no
congregate meal service that could
benefit the most from the provision of
noncongregate meals; and
``(II) encourage participating
service institutions in those areas to
provide noncongregate meals as
appropriate.
``(ii) Areas.--Areas identified under
clause (i) may include areas that are not areas
in which poor economic conditions exist but
that have children who are determined to be
eligible for free or reduced price lunch under
this Act or free or reduced price breakfast
under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).
``(E) Administration.--In administering this
paragraph, the Secretary shall ensure that--
``(i) any meal served for noncongregate
consumption--
``(I) meets all applicable State
and local health, safety, and
sanitation standards; and
``(II) meets the requirements under
subsection (f)(1);
``(ii) over a 10-day calendar period, the
number of reimbursable meals provided to a
child does not exceed the number of meals that
could be provided over a 10-day calendar
period, as established under subsection (b)(2);
and
``(iii) States establish a process for
identifying gaps in service and barriers in
reaching needy children for congregate and
noncongregate models.
``(F) Regulations.--Not later than 1 year after the
date of enactment of this paragraph, the Secretary
shall promulgate regulations (which shall include
interim final regulations) to carry out this section,
including provisions--
``(i) to ensure the integrity of the
alternative option for program delivery
described in subparagraph (A); and
``(ii) to incorporate best practices and
lessons learned from noncongregate
demonstration projects under section 749(g) of
the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80;
123 Stat. 2132).''; and
(2) in subsection (n)--
(A) by striking ``by January 1 of each year of its
intent to administer the program and shall submit for
approval by February 15'' and inserting ``of its intent
to administer the program and shall submit for approval
by April 1, 2023,'';
(B) by striking ``(1)'' and inserting ``(A)'';
(C) by striking ``(2)'' and inserting ``(B)'';
(D) by striking ``(3)'' and inserting ``(C)'';
(E) by striking ``(4)'' and inserting ``(D)'';
(F) by striking ``(5)'' and inserting ``(E)'';
(G) by striking ``and (6)'' and inserting ``(F)'';
(H) by striking the period at the end and inserting
``; and (G) the State's plan for using the alternative
option for program delivery described in subsection
(a)(13), if applicable, including plans to provide a
reasonable opportunity to access meals across all areas
of the State.'';
(I) by striking the subsection designation and all
that follows through ``Each State'' and inserting the
following:
``(n) Management and Administration State Plans.--
``(1) Summer 2023.--Each State''; and
(J) by adding at the end the following:
``(2) Summer 2024 and beyond.--Beginning in 2024, each
State desiring to participate in the program under this section
or in the summer EBT program under section 13A shall notify the
Secretary by January 1 of each year of its intent to administer
the applicable program and shall submit for approval by
February 15 a management and administration plan for the
applicable program for the fiscal year, which shall include, as
applicable--
``(A) the requirements listed in subparagraphs (A)
through (G) of paragraph (1);
``(B) the administrative budget of the State for
administering the summer EBT program under section 13A;
``(C) the State's plan to comply with the State
requirements in section 13A(c) and any other standards
prescribed by the Secretary under section 13A;
``(D) the State's plan to identify areas with no
congregate meal service;
``(E) the State's plan to target priority areas
identified under subsection (a)(13)(D)(i)(I); and
``(F) the State's plan to ensure that summer EBT
benefits (as described in section 13A(a)) are issued to
children based on their school attendance at the end of
the instructional year immediately preceding such
summer.''.
(c) Summer EBT.--The Richard B. Russell National School Lunch Act
is amended by inserting after section 13 (42 U.S.C. 1761) the
following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
``(a) Program Established.--The Secretary shall establish a program
under which States and covered Indian Tribal organizations electing to
participate in such program shall, beginning with summer 2024 and
annually for each summer thereafter, issue to each eligible household
summer electronic benefit transfer benefits (referred to in this
section as `summer EBT benefits')--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition assistance
through electronic benefit transfer or methods described in
clauses (ii) and (iii) of subsection (b)(2)(B) during the
summer months for each eligible child, to ensure continued
access to food when school is not in session for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--Summer EBT
benefits issued pursuant to subsection (a) by a State
may only be used by the eligible household that
receives such summer EBT benefits to purchase food (as
defined in section 3 of the Food and Nutrition Act of
2008 (7 U.S.C. 2012)) from retail food stores that have
been approved for participation in the supplemental
nutrition assistance program established under such Act
and in accordance with section 7(b) of such Act (7
U.S.C. 2016(b)) or in the nutrition assistance program
in American Samoa, the Commonwealth of Puerto Rico, and
the Commonwealth of the Northern Mariana Islands.
``(B) Benefits issued by covered indian tribal
organizations.--Summer EBT benefits issued pursuant to
subsection (a) by a covered Indian Tribal organization
may only be used by the eligible household that
receives such summer EBT benefits to purchase
supplemental foods from vendors that have been approved
for participation in the special supplemental nutrition
program for women, infants, and children under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2024, in an amount
equal to $40, which may be proportionately
higher consistent with the adjustments
established under section 12(f) for each
eligible child in the eligible household per
month during the summer operational period; and
``(ii) for calendar year 2025 and each year
thereafter, in an amount equal to the unrounded
benefit amount from the prior year, adjusted to
the nearest lower dollar increment to reflect
changes to the cost of the diet described in
section 3(u) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(u)) for the 12-month period
ending on November 30 of the preceding calendar
year and rounded to the nearest lower dollar
increment; and
``(B) may be issued--
``(i) in the form of an EBT card;
``(ii) through other electronic methods, as
determined by the Secretary; or
``(iii) in the case of a State that does
not issue nutrition assistance program benefits
electronically, using the same methods by which
that State issues benefits under the nutrition
assistance program of that State.
``(3) Enforcement.--Summer EBT benefits issued pursuant to
subsection (a) shall--
``(A) be subject to sections 12, 14, and 15 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2021, 2023,
2024) and subsections (n), (o), and (p) of section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786), as
applicable; and
``(B) to the maximum extent practicable,
incorporate technology tools consistent with industry
standards that track or prevent theft of benefits,
cloning, or other fraudulent activities.
``(4) Timing.--
``(A) In general.--Except as provided in
subparagraph (B), summer EBT benefits issued pursuant
to subsection (a) may only be issued for the purpose of
purchasing food during the summer months, with
appropriate issuance and expungement timelines as
determined by the Secretary (but with an expungement
timeline not to exceed 4 months).
``(B) Continuous school calendar.--In the case of
children who are under a continuous school calendar,
the Secretary shall establish alternative plans for the
period during which summer EBT benefits may be issued
pursuant to subsection (a) and used.
``(c) Enrollment in Program.--
``(1) State requirements.--States that elect to participate
in the program under this section shall--
``(A) with respect to summer, automatically enroll
each eligible child who is directly certified, is an
identified student (as defined in section
11(a)(1)(F)(i)), or is otherwise determined by a school
food authority to be eligible to receive free or
reduced price meals in the instructional year
immediately preceding the summer or during the summer
operational period in the program under this section,
without further application from households;
``(B) make an application available for children
who do not meet the criteria described in subparagraph
(A) and make eligibility determinations using the
eligibility criteria for free or reduced price lunches
under this Act;
``(C) establish procedures to carry out the
enrollment described in subparagraph (A);
``(D) establish procedures for expunging summer EBT
benefits from the account of a household, consistent
with the requirements under subsection (b)(4); and
``(E) allow eligible households to opt out of
participation in the program under this section and
establish procedures for opting out of such
participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program under this section shall, to the maximum extent
practicable, meet the requirements under paragraph (1).
``(d) Administrative Expenses.--The Secretary shall pay to each
State agency and covered Indian Tribal organization an amount equal to
50 percent of the administrative expenses incurred by the State agency
or covered Indian Tribal organization in operating the program under
this section, including the administrative expenses of local
educational agencies and other agencies in each State or covered Indian
Tribal organization relating to the operation of the program under this
section.
``(e) Summer EBT Authority.--Beginning in summer 2024, the
Secretary shall not allow States to use the authority in section 749(g)
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law 111-80; 123
Stat. 2132), to provide access to food through electronic benefit
transfer benefits to children during the summer months when schools are
not in regular session.
``(f) Issuance of Interim Final Regulations.--Not later than 1 year
after the date of enactment of this section, the Secretary shall
promulgate regulations (which shall include interim final regulations)
to carry out this section, including provisions that--
``(1) incorporate best practices and lessons learned from
demonstration projects under--
``(A) section 749(g) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111-80;
123 Stat. 2132); and
``(B) the pandemic EBT program under section 1101
of the Families First Coronavirus Response Act (7
U.S.C. 2011 note; Public Law 116-127);
``(2) ensure timely and fair service to applicants for and
recipients of benefits under this section;
``(3) establish quality assurance and program integrity
procedures to ensure that States and local educational agencies
have adequate processes--
``(A) to correctly determine the eligibility of
children for benefits under this section; and
``(B) to reliably enroll and issue benefits to
eligible children; and
``(4) allow States and covered Indian Tribal organizations
to streamline program administration, including by--
``(A) automatically enrolling each eligible child
who is able to be directly certified; and
``(B) establishing a single summer operational
period.
``(g) Administrative and Management Plan.--Beginning in 2024, each
State desiring to participate in the program under this section shall
comply with the requirements under section 13(n).
``(h) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian Tribal
organization that participates in the special supplemental
nutrition program for women, infants, and children established
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who--
``(A) was, at the end of the instructional year
immediately preceding such summer or during the summer
operational period--
``(i) certified to receive free or reduced
price lunch under the school lunch program
under this Act;
``(ii) certified to receive free or reduced
price breakfast under the school breakfast
program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773); or
``(iii) able to be directly certified;
``(B) was, at the end of the instructional year
immediately preceding such summer--
``(i) enrolled in a school described in
subparagraph (B), (C), (D), (E), or (F) of
section 11(a)(1); and
``(ii)(I) an identified student (as defined
in section 11(a)(1)(F)(i)); or
``(II) a child who otherwise met the
requirements to receive free or reduced price
meals, as determined through an application
process using the eligibility criteria for free
or reduced price meals under this Act; or
``(C) has been determined to be eligible for the
program under this section in accordance with
subsection (c)(1)(B).
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.
``(4) Supplemental foods.--The term `supplemental foods'--
``(A) means foods--
``(i) containing nutrients determined by
nutritional research to be lacking in the diets
of children; and
``(ii) that promote the health of the
population served by the program under this
section, as indicated by relevant nutrition
science, public health concerns, and cultural
eating patterns, as determined by the
Secretary; and
``(B) includes foods not described in subparagraph
(A) substituted by State agencies, with the approval of
the Secretary, that--
``(i) provide the nutritional equivalent of
foods described in such subparagraph; and
``(ii) allow for different cultural eating
patterns than foods described in such
subparagraph.''.
(d) Amendments to P-EBT for Summer 2023.--Section 1101(i) of the
Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law
116-127) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as so designated), by inserting
``approve or'' after ``may''; and
(3) by adding at the end the following:
``(2) Limitation.--A State shall not provide benefits
during a covered summer period pursuant to paragraph (1) to
children who, at the end of the school year immediately
preceding the covered summer period, attended a school that did
not participate in the school lunch program or school breakfast
program described in that paragraph.
``(3) Other assistance not required.--A State shall not be
required to provide assistance under subsection (a) or (h) in
order to provide assistance under this subsection.''.
(e) No Duplication of Summer Benefits.--A State may not provide to
a household summer EBT benefits (as described in section 13A(a) of the
Richard B. Russell National School Lunch Act) under that section and
benefits under section 1101(i) of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) for the same
period.
SEC. 503. OFFSETS.
(a) Summer 2023.--Section 1101(i) of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) (as amended by
section 502(d)) is amended by adding at the end the following:
``(4) Summer 2023.--Any benefits issued to households
during a covered summer period pursuant to paragraph (1) in
summer 2023 shall not exceed $120 per child for the covered
summer period, except that benefits may be proportionately
higher consistent with any adjustments established under
section 12(f) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(f)).''.
(b) Allotments.--Section 2302 of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) is amended by
adding at the end the following:
``(d) Sunset.--The authority under subsection (a)(1) shall expire
after the issuance of February 2023 benefits under that subsection.''.
TITLE V--OTHER MATTERS
SEC. 601. SUPPORT FOR COTTON MERCHANDISERS.
(a) Cotton Merchandiser Pandemic Assistance.--
(1) Pandemic assistance payments to cotton merchandisers.--
The Secretary shall make pandemic assistance payments, under
terms and conditions as determined by the Secretary, to cotton
merchandisers that purchased cotton from a United States cotton
producer or marketed cotton on behalf of a United States cotton
producer during the period that begins on March 1, 2020, and
ends on the date of enactment of this Act.
(2) Payment determinations.--The Secretary shall take into
consideration economic impacts of COVID-19 and other supply
chain disruptions in determining payment rates under this
subsection, such that the amounts made available under
paragraph (4)(A) are fully expended no later than 1 year after
the date of enactment of this section.
(3) Cotton merchandiser defined.--In this subsection, the
term ``cotton merchandiser'' means an entity that markets,
sells, or trades cotton to end users.
(4) Funding limitations.--
(A) In general.--Of the funds made available under
subsection (b), the Secretary shall make available
$100,000,000 to carry out this subsection.
(B) Administrative expenses.--The Secretary may use
not more than 1 percent of the funds under subparagraph
(A) for administrative costs necessary to carry out
this subsection.
(b) Funding.--The Secretary shall make available $100,000,000 to be
derived from the unobligated balances of amounts made available under
section 751 of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260) to carry out subsection (a).
SEC. 602. ASSISTANCE FOR RICE PRODUCERS.
(a) In General.--The Secretary shall make a 1-time payment to each
producer of rice on a farm in the United States with respect to the
2022 crop year.
(b) Payment Amount.--In accordance with the amount made available
under subsection (e), the amount of a payment to a rice producer on a
farm under subsection (a) shall be equal to the product obtained by
multiplying--
(1) the payment rate per pound, as determined by the
Secretary, but which shall be--
(A) the same for all varieties of rice;
(B) not less than 2 cents per pound; and
(C) notwithstanding subparagraph (B), adjusted by
the Secretary such that the amount made available under
subsection (e) is fully expended;
(2)(A) in the case of a producer with an average actual
production history per planted acre of rice determined in
accordance with subparagraphs (A), (B), and (E) of section
508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)), that average actual production history; or
(B) in the case of a producer without an average actual
production history described in subparagraph (A)--
(i) if an area yield for the 2022 crop year
determined in accordance with subparagraphs (C) and (E)
of that section is available, that area yield; or
(ii) if an area yield described in clause (i) is
not available, the yield determined by the Secretary;
and
(3) the sum obtained by adding, as applicable--
(A) the number of certified planted acres of rice
on the farm for the 2022 crop year, as reported to the
Secretary; and
(B) the number of certified acres of rice prevented
from being planted on the farm for the 2022 crop year,
as reported to the Secretary, multiplied by the
prevented planting coverage factor applicable to those
acres.
(c) Limitations.--
(1) In general.--In carrying out this section, the
Secretary shall impose payment limitations consistent with
section 760.1507(b) of title 7, Code of Federal Regulations (as
in effect on September 30, 2021).
(2) Separate limitations.--The payment limitations imposed
under paragraph (1) shall be separate from annual payment
limitations under any other program.
(d) Deadline.--The Secretary shall make payments under this section
not later than 120 days after the date of enactment of this Act.
(e) Funding.--
(1) Rescission.--Of the unobligated balance of the amounts
made available by section 751 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2105),
$250,000,000 is rescinded.
(2) Appropriation.--There is appropriated to the Secretary,
out of any amounts in the Treasury not otherwise appropriated,
$250,000,000 to carry out this section.
SEC. 603. ENACTMENT OF CHRONIC WASTING DISEASE RESEARCH AND MANAGEMENT
ACT.
The provisions of H.R. 5608 of the 117th Congress, as engrossed in
the House of Representatives on December 8, 2021, are hereby enacted
into law.
TITLE VI--PESTICIDES
Subtitle A--Pesticide Registration Improvement Act of 2022
SEC. 701. SHORT TITLE.
This title may be cited as the ``Pesticide Registration Improvement
Act of 2022''.
SEC. 702. BILINGUAL LABELING.
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Bilingual labeling.--
``(A) Requirement.--
``(i) In general.--Subject to clause (ii),
not later than the applicable deadline
described in subparagraph (B), each registered
pesticide product released for shipment shall
include--
``(I) the translation of the parts
of the labeling contained in the
Spanish Translation Guide described in
subparagraph (G) on the product
container; or
``(II) a link to such translation
via scannable technology or other
electronic methods readily accessible
on the product label.
``(ii) Exceptions.--Notwithstanding clause
(i)--
``(I) an antimicrobial pesticide
product may, in lieu of including a
translation or a link under clause (i),
provide a link to the safety data
sheets in Spanish via scannable
technology or other electronic methods
readily accessible on the product
label; or
``(II) a non-agricultural pesticide
product that is not classified by the
Administrator as restricted use under
subsection (d)(1)(A) may, in lieu of
including a translation or a link under
clause (i), provide a link to the
safety data sheets in Spanish via
scannable technology or other
electronic methods readily accessible
on the product label.
``(B) Deadlines for bilingual labeling.--
``(i) Pesticide products classified as
restricted use.--In the case of pesticide
products classified by the Administrator as
restricted use under subsection (d)(1)(A), the
deadline specified in this subparagraph is the
date that is 3 years following the date of
enactment of this paragraph.
``(ii) Pesticide products not classified as
restricted use.--In the case of pesticide
products not classified by the Administrator as
restricted use under subsection (d)(1)(A), the
deadline specified in this subparagraph shall
be as follows:
``(I) Agricultural.--
``(aa) Acute toxicity
category i.--For agricultural
pesticides classified as Acute
Toxicity Category I, the date
that is 3 years after the date
of enactment of this paragraph.
``(bb) Acute toxicity
category ii.--For agricultural
pesticides classified as Acute
Toxicity Category II, the date
that is 5 years after the date
of enactment of this paragraph.
``(II) Antimicrobial and non-
agricultural.--
``(aa) Acute toxicity
category i.--For antimicrobial
and non-agricultural pesticide
products classified as Acute
Toxicity Category I, the date
that is 4 years after the date
of enactment of this paragraph.
``(bb) Acute toxicity
category ii.--For antimicrobial
and non-agricultural pesticide
products classified as Acute
Toxicity Category II, the date
that is 6 years after the date
of enactment of this paragraph.
``(III) Other pesticide products.--
With respect to pesticide products not
described in subclause (I) or (II), the
date that is 8 years after the date of
enactment of this paragraph.
``(C) Implementation.--
``(i) Non-notification.--
``(I) In general.--In carrying out
this paragraph, the Administrator shall
allow translations of the parts of the
label of a pesticide contained in the
Spanish Translation Guide described in
subparagraph (G) and scannable
technology or other electronic methods
to be added using non-notification
procedures.
``(II) Non-notification procedure
defined.--In this clause, the term
`non-notification procedure' refers to
a procedure under which a change may be
made to a pesticide label without
notifying the Administrator.
``(ii) Cooperation and consultation.--In
carrying out this paragraph, the Administrator
shall cooperate and consult with State lead
agencies for pesticide regulation for the
purpose of implementing bilingual labeling as
provided in this paragraph as expeditiously as
possible.
``(iii) End use labeling.--The labeling
requirements of this paragraph shall apply to
end use product labels.
``(iv) Incorporation timeframe.--After
initial translation deadlines provided in
subparagraph (B), updates to the Spanish
Translation Guide described in subparagraph (G)
shall be incorporated into labeling on the
earlier of--
``(I) in the case of agricultural
use pesticide labels, as determined by
the Administrator--
``(aa) 1 year after the
date of publication of the
updated Spanish Label
Translation Guide described in
subparagraph (G); or
``(bb) the released for
shipment date specified on the
EPA Stamped Approved Label
after the pesticide label is
next changed or amended
following the date of
publication of the updated
Spanish Label Translation Guide
described in subparagraph (G);
and
``(II) in the case of antimicrobial
and non-agricultural use pesticide
labels, as determined by the
Administrator--
``(aa) 2 years after the
date of publication of the
updated Spanish Label
Translation Guide described in
subparagraph (G); or
``(bb) the released for
shipment date specified on the
EPA Stamped Approved Label
after the pesticide label is
next changed or amended
following the date of
publication of the updated
Spanish Label Translation Guide
described in subparagraph (G).
``(v) Notification of updates to the
spanish translation guide for pesticide
labeling.--Not later than 10 days after
updating the Spanish Translation Guide
described in subparagraph (G), the
Administrator shall notify registrants of the
update to such guide.
``(D) Accessibility of bilingual labeling for farm
workers.--Not later than 180 days after the date of
enactment of this paragraph, to the maximum extent
practicable, the Administrator shall seek stakeholder
input on ways to make bilingual labeling required under
this paragraph accessible to farm workers.
``(E) Plan.--Not later than 3 years after the date
of enactment of this paragraph, the Administrator shall
implement a plan to ensure that farm workers have
access to the bilingual labeling required under this
paragraph.
``(F) Reporting.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall develop and implement, and make publicly
available, a plan for tracking the adoption of the
bilingual labeling required under this paragraph.
``(G) Spanish translation guide described.--The
Spanish Translation Guide described in this
subparagraph is the Spanish Translation Guide for
Pesticide Labeling issued in October 2019, as in effect
on the date of enactment of the Pesticide Registration
Improvement Act of 2022, and any successor guides or
amendments to such guide.''.
SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.
(a) Extension and Modification of Maintenance Fee Authority.--
Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a-1(i)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``2023'' and
inserting ``2022, and $42,000,000 for each of fiscal
years 2023 through 2027'';
(B) in subparagraph (D)--
(i) in clause (i), by striking ``2023'' and
inserting ``2022, and $172,000 for each of
fiscal years 2023 through 2027''; and
(ii) in clause (ii), by striking ``2023''
and inserting ``2022, and $277,200 for each of
fiscal years 2023 through 2027'';
(C) in subparagraph (E)(i)--
(i) in subclause (I), by striking ``2023''
and inserting ``2022, and $105,000 for each of
fiscal years 2023 through 2027''; and
(ii) in subclause (II), by striking
``2023'' and inserting ``2022, and $184,800 for
each of fiscal years 2023 through 2027'';
(D) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (L), (M), and (N);
(E) by inserting after subparagraph (F) the
following:
``(G) Farm worker training and education grants.--
``(i) Set-aside.--In addition to amounts
otherwise available, for fiscal years 2023
through 2027, the Administrator shall use not
more than $7,500,000 of the amounts collected
under this paragraph to provide grants to
organizations described in clause (ii) for
purposes of facilitating--
``(I) training of farm workers;
``(II) education of farm workers
with respect to--
``(aa) rights of farm
workers relating to pesticide
safety; and
``(bb) the worker
protection standard under part
170 of title 40, Code of
Federal Regulations (or
successor regulations);
``(III) the development of new
informational materials;
``(IV) the development of training
modules; and
``(V) the development of innovative
methods of delivery of such
informational materials and training
modules.
``(ii) Eligibility.--To be eligible to
receive a grant under this subparagraph, an
organization shall have demonstrated experience
in--
``(I) providing training and
education services for farm workers or
handlers of pesticides; or
``(II) developing informational
materials for farm workers or handlers
of pesticides.
``(iii) Community-based organizations.--
``(I) Community-based non-profit
farm worker organization grants.--The
Administrator shall use funds available
under clause (i) to provide grants to
community-based non-profit farm worker
organizations.
``(II) Application of funds.--The
Administrator shall apply the unspent
balance of funds available (up to
$1,800,000) under clause (i) in fiscal
years 2025 through 2027 to carry out
subclause (I).
``(iv) Interim funding.--In addition to
amounts otherwise available, the Administrator
may use not more than $1,200,000 in fiscal
years 2023 and 2024 to fund existing
cooperative agreements that were authorized
under section 33(c)(3)(B), as such section was
in effect as of March 8, 2019.
``(v) Partnerships.--Organizations
described in clause (ii) may apply for a grant
under this subparagraph as a partnership with
another organization, provided such
organizations, at the time of application, have
entered into an agreement designating--
``(I) a member of the partnership
that will enter into the assistance
agreement with the Environmental
Protection Agency for the purposes of
accountability for the proper
expenditure of Federal funds;
``(II) performance of the
assistance agreement;
``(III) liability for claims for
recovery of unallowable costs incurred
under the agreement; and
``(IV) specifying roles in
performing the proposed scope of work
for the assistance agreement.
``(H) Health care provider training.--
``(i) Set-aside.--In addition to other
amounts available, for the period of fiscal
years 2023 through 2027, the Administrator
shall use not more than $2,500,000 of the
amounts collected under this paragraph to
provide grants to nonprofit organizations
described in clause (ii) for purposes of
facilitating--
``(I) technical assistance and
training of health care providers
relating to the recognition, treatment,
and management of pesticide-related
injuries and illnesses;
``(II) the development of
informational materials for technical
assistance and training described in
subclause (I); and
``(III) the development of outreach
and delivery methods relating to the
recognition, treatment, and management
of pesticide-related illnesses.
``(ii) Eligibility.--To be eligible to
receive a grant under this subparagraph, a
nonprofit organization shall have demonstrated
experience in providing technical assistance
and training to health care providers who serve
farm worker populations.
``(iii) Partnerships.--Organizations
described in clause (ii) may apply for a grant
under this subparagraph as a partnership with
another organization, provided such
organizations, at the time of application, have
entered into an agreement designating--
``(I) a member of the partnership
that will enter into the assistance
agreement with the Environmental
Protection Agency for the purposes of
accountability for the proper
expenditure of Federal funds;
``(II) performance of the
assistance agreement;
``(III) liability for claims for
recovery of unallowable costs incurred
under the agreement; and
``(IV) roles in performing the
proposed scope of work for the
assistance agreement.
``(I) Partnership grants.--In addition to funds
otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts collected under this paragraph
for partnership grants.
``(J) Pesticide safety education program.--In
addition to amounts otherwise available, for each of
fiscal years 2023 through 2027, the Administrator shall
use not more than $500,000 of the amounts collected
under this paragraph to carry out the pesticide safety
education program.
``(K) Technical assistance to grantees.--
``(i) Set-aside.--In addition to other
amounts available, for fiscal years 2023
through 2027, the Administrator shall use not
more than $1,750,000 of the amounts collected
under this paragraph to provide grants to
nonprofit organizations, subject to such
conditions as the Administrator establishes to
prevent conflicts of interest, to provide
easily accessible technical assistance to
grantees receiving, and potential grantees
applying for, grants under subparagraphs (G)
and (H).
``(ii) Considerations.--In evaluating
requests for grants under this subparagraph,
the Administrator shall consider, at a minimum,
the extent to which--
``(I) the organization applying for
the grant has experience providing
technical assistance to farm worker or
clinician-training organizations; and
``(II) the proposed project would
make specific technical assistance
available to organizations seeking
information and assistance concerning--
``(aa) the grant
application process;
``(bb) the drafting of
grant applications; and
``(cc) compliance with
grant management and reporting
requirements.
``(iii) No suitable organization.--If no
suitable organization requests a grant under
this subparagraph, the Administrator shall
provide technical assistance described in
clause (i) using the amounts made available by
that clause.
``(iv) Stakeholder input.--In formulating
requests for proposals for grants under
subparagraphs (G) and (H) for a fiscal year,
the Administrator shall solicit and consider,
in an open and transparent manner that does not
provide a competitive advantage to any person
or persons, input from persons who conduct farm
worker education and training, or technical
assistance and training of clinicians,
regarding the request for proposals.''; and
(F) in subparagraph (N) (as so redesignated), by
striking ``2023'' and inserting ``2027''; and
(2) in paragraph (2)--
(A) by striking ``section 33(b)(3)'' and inserting
``section 33(b)(3)(B)''; and
(B) by striking ``the Pesticide Registration
Improvement Extension Act of 2018 and ending on
September 30, 2025'' and inserting ``the Pesticide
Registration Improvement Act of 2022 and ending on
September 30, 2029''.
(b) Extension of Prohibition on Tolerance Fees.--Section 408(m)(3)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is
amended by striking ``the Pesticide Registration Improvement Renewal
Act and ending on September 30, 2023'' and inserting ``the Pesticide
Registration Improvement Act of 2022 and ending on September 30,
2027''.
SEC. 704. REREGISTRATION AND EXPEDITED PROCESSING FUND.
Section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a-1(k)) is amended--
(1) in paragraph (2)(A), in the first sentence, by
inserting ``including, to the maximum extent practicable,
during periods in which Environmental Protection Agency
employees are on shutdown or emergency furlough as a result of
a lapse in appropriations,'' after ``limitation,'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Review of registrant submissions not covered by
section 33(b)(3)(b).--
``(A) Definition of submission not covered by
section 33(b)(3)(b).--In this paragraph, the term
`submission not covered by section 33(b)(3)(B)' means
any submission filed by a registrant with the
Administrator relating to a registration that is not
covered by a fee table under section 33(b)(3)(B).
``(B) Set-aside.--
``(i) In general.--In addition to amounts
otherwise available for each of fiscal years
2023 through 2027, the Administrator shall use
approximately \1/8\ of the amounts made
available to the Administrator in the
Reregistration and Expedited Processing Fund
for the activities described in clause (ii).
``(ii) Activities.--In addition to amounts
otherwise available, the Administrator shall
use amounts made available under clause (i) to
obtain sufficient personnel and resources to
process submissions not covered by section
33(b)(3)(B) to meet the applicable deadlines
described in--
``(I) the notice of the
Administrator entitled `Pesticide
Registration Notice (PR) 98-10:
Notifications, Non-Notifications and
Minor Formulation Amendments' and dated
October 22, 1998 (and any successor
amendments to such notice); and
``(II) subsections (c)(3)(B) and
(h) of section 3.
``(4) Development of public health performance standards
for antimicrobial pesticide devices.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027,
the Administrator shall use not more than $500,000 of
the amounts made available to the Administrator in the
Reregistration and Expedited Processing Fund for the
activities described in subparagraph (B).
``(B) Antimicrobial pesticide devices.--The
Administrator shall use amounts made available under
subparagraph (A) to develop efficacy test methods for
antimicrobial pesticide devices making public health
claims.'';
(3) in paragraph (5)(A), by striking ``2018 through 2023''
and inserting ``2023 through 2027'';
(4) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(5) by inserting after paragraph (5) the following:
``(6) Agency training and staff.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027,
the Administrator shall use not more than $500,000 of
the amounts made available to the Administrator in the
Reregistration and Expedited Processing Fund for the
activities described in subparagraph (B).
``(B) Activities.--The Administrator shall use
amounts made available under subparagraph (A) to carry
out the following activities:
``(i) Training for agency employees.--The
Administrator shall administer training and
education programs for employees of the
Environmental Protection Agency, relating to
the regulatory responsibilities and policies
established by this Act, including programs--
``(I) for improving the scientific,
technical, and administrative skills of
officers and employees authorized to
administer programs under this Act;
``(II) to align competencies
identified by the Administrator for
mission accomplishment;
``(III) for addressing best
practices for operational performance
and improvement;
``(IV) for improving administrative
processes and procedures and addressing
efficiency issues;
``(V) to promote consistent
regulatory decision-making; and
``(VI) for educating registrants
and regulated stakeholders on
regulatory procedures.
``(ii) Agreements with institutions of
higher education.--Not later than 1 year, to
the maximum extent practicable, after the date
of enactment of the Pesticide Registration
Improvement Act of 2022, the Administrator
shall establish a competitive grant program to
develop training curricula and programs in
accordance with clause (i) through financial
assistance agreements with 1 or more of the
following institutions of higher education:
``(I) Non-land-grant colleges of
agriculture (as defined in section 1404
of the National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)).
``(II) Land-grant colleges and
universities (as defined in section
1404 of the National Agricultural
Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)).
``(III) 1994 Institutions (as
defined in section 532 of the Equity in
Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law
103-382)).
``(7) Vector expedited review vouchers.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027,
the Administrator shall use not more than $500,000 of
the amounts made available to the Administrator in the
Reregistration and Expedited Processing Fund to
establish and carry out the Vector Expedited Review
Voucher program in accordance with subparagraph (B).
``(B) Vector expedited review voucher program.--
``(i) Definitions.--In this subparagraph:
``(I) Program.--The term `program'
means the Vector Expedited Review
Voucher program established under
clause (ii).
``(II) Voucher.--The term `voucher'
means a voucher--
``(aa) issued under the
program by the Administrator to
a pesticide registration
applicant that entitles the
holder to an expedited review
described under clause (vi) of
a single different pesticide
registration action; and
``(bb) the entitlement to
which may be transferred
(including by sale) by the
holder of the voucher, without
limitation on the number of
times the voucher may be
transferred, before the voucher
is redeemed.
``(ii) Establishment.--Not later than one
year after the date of enactment of the
Pesticide Registration Improvement Act of 2022,
the Administrator, acting though the Office of
Pesticide Programs, shall establish a program
to be known as the Vector Expedited Review
Voucher program.
``(iii) Purpose.--The purpose of the
program is to incentivize the development of
new insecticides to control and prevent the
spread of vector borne disease by expediting
reviews by decreasing decision review times
provided in section 33(b)(3)(B).
``(iv) Issuance of vouchers.--
``(I) In general.--For each of
fiscal years 2023 through 2027, the
Administrator shall issue a voucher to
a pesticide registration applicant for
a new active ingredient if the
applicant submits and has successfully
registered a mosquito-control product
that--
``(aa) demonstrates a
proven efficacy against
pyrethroid or other
insecticide-resistant
mosquitoes;
``(bb) prevents, mitigates,
destroys, or repels pyrethroid
or other insecticide-resistant
mosquitoes, with a novel or
unique mechanism or mode of
action, different from other
insecticides already registered
by the Administrator for
mosquito control;
``(cc) targets mosquitoes
capable of spreading such
diseases as Malaria, Dengue,
Zika, Chikungunya, St. Louis
encephalitis, Eastern
encephalitis, Western
encephalitis, West Nile
encephalitis, Cache Valley
encephalitis, LaCrosse
encephalitis, and Yellow Fever;
``(dd) the registrant has
submitted a global access plan
that will be made publicly
available for the active
ingredient and that includes--
``(AA)
manufacturing
locations, including
any licensed third-
party manufacturers;
``(BB) distribution
and procurement
processes for malaria
vector control programs
in selected countries;
and
``(CC) the prices
for common quantities
of the product;
``(ee) meets the
appropriate guidelines as being
effective in the primary vector
control intervention areas,
including insecticide-treated
nets and indoor residual spray;
``(ff) is made accessible
for use in--
``(AA) the United
States, including
territories or
possessions of the
United States; and
``(BB) countries
where mosquito-borne
diseases, such as
malaria, are prevalent;
``(gg) meets registration
requirements for human health
and environmental effects,
labeling, and presents no
unreasonable adverse effects to
the environment;
``(hh) broadens the
adoption of integrated pest
management strategies, such as
insecticide resistance
management, or makes those
strategies more effective;
``(ii) is not contained in
any pesticide product
registered by the Administrator
as of the date of the enactment
of the Pesticide Registration
Improvement Act of 2022; or
``(jj) does not contain as
attested to by the registrant,
an active ingredient approved
in the 2-year period preceding
the date of registration by any
global stringent regulatory
authority for the same uses,
vectors, and applications.
``(II) Mosquito vector priority.--
For each of fiscal years 2023 through
2027, the focus of the program shall be
to incentivize the development of
insecticides to control and prevent the
spread of mosquitoes bearing diseases
described in subclause (I)(cc).
``(III) Exception.--If the
Administrator determines that there is
a significant public health benefit, an
active ingredient that is registered
for agricultural use that is repurposed
and submitted for control of mosquitoes
and that otherwise meets the
requirements of subclause (I)
(excluding items (bb) and (jj)) as
determined necessary by the
Administrator, shall be considered a
mosquito control product meeting the
criteria specified in such subclause.
``(IV) Eligibility criteria
modifications.--
``(aa) In general.--
Beginning in fiscal year 2028,
the Administrator shall review
the program and recommend--
``(AA)
modifications to the
requirements described
in subclause (I); and
``(BB) additional
vectors to be included
in the program,
prioritizing vectors
that pose the most
significant population
health risks.
``(bb) Public
involvement.--In carrying out
item (aa), the Administrator
shall solicit the involvement
of registrants, nongovernmental
organizations, and governmental
agencies engaged in vector-
borne disease mitigation and
treatment.
``(v) Redemption of vouchers.--To redeem a
voucher, the holder shall--
``(I) notify the Administrator of
the intent of the holder to submit a
pesticide application with a voucher
for expedited review not less than 90
days before the submission of the
application; and
``(II) pay the applicable
registration service fee under section
33(b).
``(vi) Expedited review.--On redemption of
a voucher, in furtherance of the purpose
described in clause (iii), the Administrator
shall expedite decision review times as
follows:
``(I) 6 months less than the
decision review time for Category R010,
New Active Ingredient, Food use.
``(II) 6 months less than the
decision review time for Category R020,
New Active Ingredient, Food use;
reduced risk.
``(III) 6 months less than the
decision review time for Category R060,
New Active Ingredient, Non-food use;
outdoor.
``(IV) 6 months less than the
decision review time for Category R110,
New Active Ingredient, Non-food use;
indoor.
``(V) 4 months less than the
decision review time for Category R070,
New Active Ingredient, Non-food use;
outdoor; reduced risk.
``(VI) 2 months less than the
decision review time for Category R120,
New Active Ingredient, Non-food use;
indoor; reduced risk.
``(vii) Reports.--Not later than September
30, 2025, and not later than September 30 of
each year thereafter, the Administrator shall
issue a report on the program, including--
``(I) the number of submissions
seeking a voucher;
``(II) the total time in review for
each such submission;
``(III) the number of such vouchers
awarded;
``(IV) the number of such vouchers
redeemed; and
``(V) with respect to each such
redeemed voucher--
``(aa) the decision review
time for the pesticide
application for which the
voucher was redeemed; and
``(bb) the average standard
decision review time for the
applicable pesticide category.
``(C) Unused amounts.--Any unused amounts made
available under this paragraph at the end of each
fiscal year shall be made available to the
Administrator to carry out other activities for which
amounts in the Reregistration and Expedited Processing
Fund are authorized to be used.
``(8) Pesticide surveillance program.--In addition to
amounts otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts made available to the Administrator in
the Reregistration and Expedited Processing Fund to support the
interagency agreement with the National Institute for
Occupational Safety and Health to support the Sentinel Event
Notification System for Occupational Risk pesticides program--
``(A) with a goal of increasing the number of
participating States, prioritizing expansion in States
with the highest numbers of agricultural workers; and
``(B) to improve reporting by participating
States.''; and
(6) in paragraph (10) (as so redesignated), in the first
sentence, by striking ``(2), (3), (4), and (5)'' and inserting
``(2) through (8)''.
SEC. 705. PESTICIDE REGISTRATION SERVICE FEES.
(a) Extension and Modification of Fee Authority.--
(1) In general.--Section 33(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is
amended--
(A) in paragraph (2)(E)(iii), by striking ``after
review'' and inserting ``on completion of, where
appropriate, the initial screening of the contents of
the application or the preliminary technical
screening'';
(B) by striking ``paragraph (3)'' each place it
appears and inserting ``paragraph (3)(B)'';
(C) in paragraph (3), by striking ``Subject to
paragraph (6),'' and inserting the following:
``(A) Data evaluation records.--At the decision
review time under a fee table specified in subparagraph
(B) or as agreed upon under subsection (f)(5), for each
covered application under a fee table specified in such
subparagraph (B), the Administrator shall--
``(i) complete data evaluation records for
studies submitted by the applicant in support
of the application; and
``(ii) release those data evaluation
records to the applicant, using appropriate
protections for confidential business
information.
``(B) Schedule, actions, and fees.--Subject to
paragraph (6),'';
(D) in paragraph (6)--
(i) by amending subparagraph (A) to read as
follows: ``Subject to the following sentence,
effective for a covered application received
during the period beginning on October 1, 2024,
and ending on September 30, 2026, the
Administrator may increase by 5 percent the
registration service fee payable for the
application under paragraph (3). No adjustment
may be made under the preceding sentence until
the date on which the Administrator begins to
implement clauses (i) and (ii) of subsection
(k)(2)(A).''; and
(ii) by amending subparagraph (B) to read
as follows: ``Subject to the following
sentence, effective for a covered application
received on or after October 1, 2026, the
Administrator may increase by an additional 5
percent the registration service fee in effect
as of September 30, 2026. No adjustment may be
made under the preceding sentence until the
date on which the Administrator begins to
implement any recommendations for process
improvements contained in the report under
subsection (c)(4), as appropriate.''; and
(E) in paragraph (7)(A), by striking ``(commonly
referred to as a Gold Seal letter)'' and inserting
``(including a Gold Seal letter and a Certificate of
Establishment)''.
(2) Conforming amendment.--Section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8)
is amended by striking ``subsection (b)(3)'' each place it
appears and inserting ``subsection (b)(3)(B)''.
(b) Pesticide Registration Fund.--Section 33(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is
amended--
(1) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Endangered species review of outdoor use of
pesticide products.--
``(i) In general.--The Administrator shall
use the amounts made available in the Fund to
develop, receive comments with respect to, and
finalize, guidance to registrants regarding
analysis necessary to support the review of
outdoor uses of pesticide products under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
``(ii) Deadlines for guidance.--The
Administrator shall issue final guidance
required by clause (i) in accordance with the
following:
``(I) With respect to new active
ingredients or any registration review
decision proposed for 1 or more outdoor
uses, not later than 9 months after the
date of enactment of the Pesticide
Registration Improvement Act of 2022.
``(II) With respect to new outdoor
uses of a registered pesticide, not
later than 1 year after the date of
enactment of the Pesticide Registration
Improvement Act of 2022.
``(III) With respect to
antimicrobial pesticide products, not
later than 3 years after the date of
enactment of the Pesticide Registration
Improvement Act of 2022.
``(C) Independent third party assessments.--
``(i) In general.--The Administrator shall
use the amounts made available in the Fund to
carry out the activities described in clauses
(ii) and (iii).
``(ii) Workforce assessment.--
``(I) In general.--The
Administrator shall procure a
competitive contract with a qualified,
independent contractor with expertise
in assessing public sector workforce
data analysis and reporting to conduct
an assessment of current methodologies
and data or metrics available to
represent the workforce implementing
the Pesticide Registration Improvement
Act of 2022 and the amendments made by
that Act, including an assessment of
filled and vacant positions and full-
time equivalent employees relating to
that implementation.
``(II) Report.--Not later than 2
years after the date of enactment of
the Pesticide Registration Improvement
Act of 2022--
``(aa) the contractor
selected under subclause (I)
shall submit to the
Administrator a report
describing--
``(AA) the findings
from the assessment
under that subclause;
and
``(BB)
recommendations for
improved methodologies
to represent full-time
equivalent resources
described in that
subclause; and
``(bb) the Administrator
shall publish the report
submitted under item (aa) on
the website of the
Environmental Protection
Agency.
``(iii) Process assessment.--
``(I) In general.--
``(aa) Contracts.--Within 1
year of the date of enactment
of the Pesticide Registration
Improvement Act of 2022, to the
extent practicable, the
Administrator shall issue a
competitive contract to a
private, independent consulting
firm--
``(AA) to conduct
the assessment
described in subclause
(II); and
``(BB) to submit to
the Administrator a
report describing the
findings of the
assessment and the
processes and
performance of the
Environmental
Protection Agency
relating to the
implementation of the
Pesticide Registration
Improvement Act of 2022
and the amendments made
by that Act.
``(bb) Eligibility.--The
firm described in item (aa)
shall be capable of performing
the technical analysis,
management assessment, and
program evaluation tasks
required to address the scope
of the assessment under
subclause (II).
``(II) Assessment.--
``(aa) In general.--The
Administrator, applicants, and
registrants shall participate
in a targeted assessment of the
process for the review of
applications submitted under
this Act.
``(bb) Consultation.--The
firm selected under subclause
(I) shall consult with the
Administrator and applicants at
the start of the assessment
under item (aa) and prior to
submission of the report under
subclause (I)(aa)(BB).
``(cc) Requirements.--The
assessment under item (aa)
shall evaluate and make
recommendations regarding--
``(AA) the initial
content screen;
``(BB) the
preliminary technical
screen;
``(CC) performance,
processes, and progress
toward reducing
renegotiation rates and
the average length of
renegotiations;
``(DD) performance,
processes, and progress
toward eliminating the
backlog of registrant
submissions not covered
by subsection (b)(3);
``(EE) performance,
processes, and progress
toward ensuring that
all registrant
submissions not covered
by subsection (b)(3)
are completed by the
applicable deadlines
described in the notice
of the Administrator
entitled `Pesticide
Registration Notice
(PR) 98-10:
Notifications, Non-
Notifications and Minor
Formulation Amendments'
and dated October 22,
1998 (and any successor
amendments to that
notice) and described
in subsections
(c)(3)(B) and (h) of
section 3;
``(FF) compliance
with the provisions of
this Act relating to
renegotiations and
registrant submissions
not covered by
subsection (b)(3);
``(GG) information
technology systems;
``(HH) recommended
improvements to
employee training;
``(II) performance,
progress, and processes
in completing
registration review;
and
``(JJ) other
appropriate issues,
such as submissions by
inert suppliers and
fast-track amendments
under subsections
(c)(3)(B) and (h) of
section 3.
``(III) Report to congress.--Not
later than 1 year after the receipt of
an assessment required under this
section, the Administrator shall submit
to the Committee on Agriculture,
Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the
House of Representatives--
``(aa) a copy of each such
assessment; and
``(bb) the Administrator's
evaluation of the findings and
recommendations contained in
each such assessment.
``(IV) Recommendations.--The
Administrator shall include with the
report submitted under subclause (III)
a classification of each recommendation
described in the report as--
``(aa) can be implemented
through administrative action
of the Administrator; or
``(bb) requires a statutory
change.''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) shall be available during periods in which
Environmental Protection Agency employees are on
shutdown or emergency furlough as a result of a lapse
in appropriations; and''.
(c) Assessment of Fees.--Section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(d)(2)) is
amended--
(1) by striking ``(as in existence in fiscal year 2012)'';
and
(2) by striking ``the amount of appropriations for covered
functions for fiscal year 2012 (excluding the amount of any
fees appropriated for the fiscal year).'' and inserting
``$166,000,000.''.
(d) Reforms to Reduce Decision Time Review Periods and Prevent
Double Payment of Registration Fees.--Section 33(e) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(e)) is
amended--
(1) by striking the subsection designation and heading and
all that follows through ``To the maximum'' and inserting the
following:
``(e) Reforms to Reduce Decision Time Review Periods and Prevent
Double Payment of Registration Fees.--
``(1) Reduction of decision time review periods.--To the
maximum''; and
(2) by adding at the end the following:
``(2) Prevention of double payment of registration service
fees.--The Administrator shall develop and implement a process
to determine the appropriate fee category or categories for an
application that qualifies for more than one fee category in
order to assist applicants and prevent unnecessary payment of
fees for multiple categories for a single application.''.
(e) Decision Time Review Periods.--Section 33(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is
amended--
(1) in paragraph (1), by striking ``Pesticide Registration
Improvement Extension Act of 2018'' and inserting ``Pesticide
Registration Improvement Act of 2022'';
(2) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by adding at the end the
following:
``(III) Final fee category.--The
fee category of a covered application
or other actions may not be changed,
without providing the information to
the applicant, after completion of the
preliminary technical screening
described in clause (iv).'';
(ii) in clause (iii), in the matter
preceding subclause (I), by inserting
``automate the process, to the maximum extent
practicable, and'' before ``determine''; and
(iii) in clause (iv)--
(I) in the matter preceding
subclause (I), by striking ``shall
determine if--'' and inserting
``shall--'';
(II) in subclause (I)--
(aa) by inserting
``determine if'' before ``the
application and''; and
(bb) by striking ``and'' at
the end;
(III) in subclause (II)--
(aa) by inserting
``determine if'' before ``the
application, data,''; and
(bb) by striking the period
at the end and inserting a
semicolon; and
(IV) by adding at the end the
following:
``(III) determine, if applicable,
whether an application qualifies for a
reduced risk determination under
subsection (c)(10) or (h) of section 3;
``(IV) grant or deny any data
waiver requests submitted by the
applicant with the application;
``(V) verify and validate the
accuracy of the fee category selected
by the applicant; and
``(VI) notify the applicant, in
writing, if a new or different fee
category is required and calculate the
new decision review time based on the
original submission date.''; and
(B) by striking subparagraph (E) and inserting the
following:
``(E) Applications for reduced risk.--
``(i) Fee.--If an application for a reduced
risk new active ingredient or a reduced risk
new use is determined not to qualify as reduced
risk, the applicant shall pay the difference in
fee for the corresponding non-reduced risk
application.
``(ii) Decision review time period.--After
receipt by the Administrator of the original
covered reduced risk application and fee, the
decision time review period for the
corresponding non-reduced risk application
shall begin within the time periods described
in subparagraph (A), based on the submission
date of the original covered reduced risk
application.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Extension of decision time review period.--
``(A) Notification.--If the Administrator cannot
meet a decision time review period under this
subsection, the Administrator shall notify the
applicant, in writing, of--
``(i) the reasons why additional time is
needed; and
``(ii) the number of days needed that would
allow the Administrator to make a regulatory
decision.
``(B) Extension by negotiation or mutual
agreement.--The Administrator, acting solely through
the Director of the Office of Pesticide Programs, and
the applicant may mutually agree, in writing, to extend
a decision time review period under this subsection
if--
``(i) there is new or additional data or
information from the applicant that is
necessary for the Administrator to make a
decision on the application that cannot be made
available within the original decision time
review period; or
``(ii) a public comment period associated
with the application generates significant
comments that cannot be addressed within the
original decision time review period.
``(C) Priority.--Once a decision time review period
for a covered action described in subsection (b)(3)(B)
is missed or extended, the Administrator shall make any
action on the application a priority.''.
(f) Reports and Information Technology.--Section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is
amended by striking subsection (k) and inserting the following:
``(k) Reports and Information Technology.--
``(1) Reports.--
``(A) In general.--Not later than 120 days after
the last day of each of fiscal years 2023 through 2027,
the Administrator shall publish an annual report
describing--
``(i) actions taken under this section;
``(ii) registrant submissions not covered
by subsection (b)(3)(B);
``(iii) the initial content and preliminary
technical screenings required in subsection
(f)(4)(B); and
``(iv) staffing relating to implementing
the Pesticide Registration Improvement Act of
2022 and the amendments made by that Act.
``(B) Contents.--Each report published under
subparagraph (A) shall include a summary of the
following information:
``(i) Actions under this section.--To the
extent practicable, data for each action taken
under this section that is completed during the
fiscal year covered by the report or pending at
the conclusion of that fiscal year, organized
by registering division, including--
``(I) the Action Code;
``(II) the application receipt
date;
``(III) the electronic portal
tracking number assigned to the
application at the time of submission
to the electronic submission portal or
the Environmental Protection Agency
tracking number;
``(IV) the original decision due
date based on the Action Code;
``(V) the dates of any
renegotiations and the renegotiated due
dates, if applicable;
``(VI) the reasons for each
renegotiation, if applicable;
``(VII) if the submission had to be
recoded, reassigned codes, if
applicable;
``(VIII) the date that the
submission was recoded, if applicable;
``(IX) the decision completion
date, if the action has been completed;
``(X) the status of the action,
which may be--
``(aa) failed initial
content screen;
``(bb) failed preliminary
technical screen;
``(cc) approved;
``(dd) withdrawn;
``(ee) denied;
``(ff) do not grant; or
``(gg) pending;
``(XI) the reason for any denial or
do not grant decision, if applicable;
``(XII) a review of the progress
made in carrying out each requirement
of subsections (e) and (f), including,
to the extent determined appropriate by
the Administrator and consistent with
the authorities of the Administrator
and limitations on delegation of
functions by the Administrator,
recommendations for the allowance and
use of summaries of acute toxicity
studies;
``(XIII) a review of the progress
in carrying out section 3(g),
including--
``(aa) the number of
pesticides or pesticide cases
reviewed and the number of
registration review decisions
completed, including--
``(AA) the number
of cases cancelled;
``(BB) the number
of cases requiring risk
mitigation measures;
``(CC) the number
of cases removing risk
mitigation measures;
``(DD) the number
of cases with no risk
mitigation needed; and
``(EE) the number
of cases in which risk
mitigation has been
fully implemented;
``(XIV) a review of the progress
made toward implementing enhancements
to--
``(aa) the electronic
tracking of conditional
registrations; and
``(bb) the endangered
species database;
``(XV) a review of the progress
made in updating the Pesticide Incident
Data System, including progress toward
making the information contained in the
System available to the public (as the
Administrator determines is
appropriate);
``(XVI) an assessment of the public
availability of summary pesticide usage
data;
``(XVII) the number of the active
ingredients approved, new uses, and
pesticide end use products granted in
connection with the Design for the
Environment program (or any successor
program) of the Environmental
Protection Agency;
``(XVIII) with respect to funds in
the Reregistration and Expedited
Processing Fund described under section
4(k), a review that includes--
``(aa) a description of the
amount and use of such funds--
``(AA) to carry out
activities relating to
worker protection under
subparagraphs (G) and
(H) of section 4(i)(1);
``(BB) to award
partnership grants
under subparagraph (I)
of such section; and
``(CC) to carry out
the pesticide safety
education program under
subparagraph (J) of
such section;
``(bb) an evaluation of the
appropriateness and
effectiveness of the
activities, grants, and program
under subparagraphs (G), (H),
(I), and (J) of such section;
``(cc) a description of how
stakeholders are engaged in the
decision to fund such
activities, grants, and program
in accordance with the
stakeholder input provided
under such subparagraphs; and
``(dd) with respect to
activities relating to worker
protection carried out under
subparagraphs (G) and (H) of
section 4(i)(1), a summary of
the analyses from stakeholders,
including from worker
community-based organizations,
on the appropriateness and
effectiveness of such
activities.
``(XIX) beginning two years after
enactment, report on the progress of
meeting the deadlines listed in
paragraph (5) of section 3(f); and
``(XX) a review of progress made in
implementing the pesticide surveillance
program referred to in paragraph (8) of
section 4(k).
``(ii) Registrant submissions not covered
by section 33(b)(3)(b).--Each registrant
submission not covered by subsection (b)(3)(B),
that is completed during the fiscal year
covered by the report or pending at the
conclusion of that fiscal year, organized by
registering division, including--
``(I) the submission date;
``(II) the electronic portal
tracking number assigned to the
application at the time of the
submission of the application to the
electronic submission portal;
``(III) the type of regulatory
action, as defined by statute or
guidance document, and the specific
label action;
``(IV) the status of the action;
``(V) the due date;
``(VI) the reason for the outcome;
and
``(VII) the completion date, if
applicable.
``(iii) Screening process.--Data for the
initial content screens and preliminary
technical screens that are completed during the
fiscal year covered by the report or pending at
the conclusion of that fiscal year, organized
by registering division, including--
``(I) the number of applications
successfully passing each type of
screen;
``(II) the number of applications
that failed the screening process for
each type of screen;
``(III) the number of notifications
issued by the Administrator under
subsection (f)(4)(B)(ii)(II);
``(IV) the number of notifications
issued by the Administrator under
subsection (f)(4)(B)(ii)(I) and the
number of applications resulting in a
rejection; and
``(V) the number of notifications
issued under section 152.105 of title
40, Code of Federal Regulations (or
successor regulations), and to the
extent practicable, the reasons for
that issuance.
``(iv) Staffing.--Data on the staffing
relating to work covered under the Pesticide
Registration Improvement Act of 2022 and the
amendments made by that Act, organized by
registering division, including--
``(I) the number of new hires and
personnel departures;
``(II) the number of full-time
equivalents at the end of each fiscal
year;
``(III) the number of full-time
equivalents working on registration
review activities; and
``(IV) the number of full-time
equivalents working on registrant
submissions not covered by subsection
(b)(3)(B).
``(C) Publication.--The Administrator shall publish
each report under subparagraph (A)--
``(i) on the website of the Environmental
Protection Agency; and
``(ii) by such other methods as the
Administrator determines to be the most
effective for efficiently disseminating the
report.
``(2) Information technology.--
``(A) System.--Not later than 1 year after the date
of enactment of the Pesticide Registration Improvement
Act of 2022, the Administrator shall establish an
information technology system that--
``(i) includes all registering divisions in
the Office of Pesticide Programs;
``(ii) provides a real-time, accurate,
tracking system for all regulatory submissions
to the Office of Pesticide Programs;
``(iii) provides a real-time, accessible
information that provides each applicant
confidential, online access to the status and
progress of the regulatory submissions of the
applicant; and
``(iv) updates the electronic submission
portal--
``(I) to ensure that label reviews
are limited to current label changes,
to the maximum extent practicable;
``(II) to automate, to the extent
practicable, minor, low risk regulatory
actions; and
``(III) to allow self-certification
of certain regulatory actions, as
determined by the Administrator.
``(B) Access to registration data and decisions.--
The Administrator shall implement efforts to expand
existing, and develop new, information technology tools
and databases to improve access by Environmental
Protection Agency employees to data used to fulfill
registrations, and public access to information about
regulatory decisionmaking tools, including
opportunities for--
``(i) analysis of the impact of submitted
studies on Environmental Protection Agency
assessments and decisions;
``(ii) facilitation of read-across or
computational model development to help fill
information gaps;
``(iii) tracking and reporting submission
and decision metrics relating to the use and
acceptance of test methods; and
``(iv) drafting and publication of policies
communicating Environmental Protection Agency
acceptance of novel technologies or
approaches.''.
(g) Termination of Effectiveness.--Section 33(m) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is
amended--
(1) by striking ``2023'' each place it appears and
inserting ``2027''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by
striking ``2024'' and inserting ``2028'' ; and
(ii) by striking ``2024'' and inserting
``2028''; and
(B) in each of subparagraphs (B) and (C)--
(i) in the subparagraph heading, by
striking ``2025'' each place it appears and
inserting ``2029''; and
(ii) by striking ``2025'' each place it
appears and inserting ``2029''.
SEC. 706. REVISION OF TABLES REGARDING COVERED PESTICIDE REGISTRATION
APPLICATIONS AND OTHER COVERED ACTIONS AND THEIR
CORRESPONDING REGISTRATION SERVICE FEES.
Section 33(b)(3) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w-8(b)(3)) (as amended by section
705(a)(1)(C)) is amended by striking subparagraph (B) and inserting the
following:
``(B) Schedule, actions, and fees.--Subject to
paragraph (6), the schedule of registration
applications and other covered actions and their
corresponding registration service fees shall be as
follows:
``TABLE 1. -- REGISTRATION DIVISION (RD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R010 1 New Active Ingredient, Food use. (2) 36 1,079,356
(3)
----------------------------------------------------------------------------------------------------------------
R020 2 New Active Ingredient, Food use; 27 899,464
reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R040 3 New Active Ingredient, Food use; 18 662,883
Experimental Use Permit application;
establish temporary tolerance;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
R060 4 New Active Ingredient, Non-food use; 30 749,886
outdoor. (2) (3)
----------------------------------------------------------------------------------------------------------------
R070 5 New Active Ingredient, Non-food use; 24 624,905
outdoor; reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R090 6 New Active Ingredient, Non-food use; 16 463,930
outdoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R110 7 New Active Ingredient, Non-food use; 20 417,069
indoor. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R120 8 New Active Ingredient, Non-food use; 14 347,556
indoor; reduced risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R121 9 New Active Ingredient, Non-food use; 18 261,322
indoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R122 10 Enriched isomer(s) of registered mixed- 27 454,526
isomer active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R123 11 New Active Ingredient, Seed treatment 27 676,296
only; includes agricultural and non-
agricultural seeds; non-food use, not
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R126 12 New Active Ingredient, Seed treatment 31 743,925
(new) only; limited uptake into raw
agricultural commodities; use
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R125 13 New Active Ingredient, Seed treatment; 16 463,930
Experimental Use Permit application;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 2. -- REGISTRATION DIVISION (RD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R130 14 First food use; indoor; food/food 23 274,388
handling. (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R140 15 Additional food use; Indoor; food/food 17 64,028
handling. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R150 16 First food use. (2) (3) (5) 23 454,490
----------------------------------------------------------------------------------------------------------------
R155 17 First food use, Experimental Use 21 378,742
Permit application; active ingredient
registered for non-food use. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R160 18 First food use; reduced risk. (2) (3) 18 378,742
(5)
----------------------------------------------------------------------------------------------------------------
R170 19 Additional food use. (3) (4) (5) 17 113,728
----------------------------------------------------------------------------------------------------------------
R175 20 Additional food uses covered within a 14 94,774
crop group resulting from the
conversion of existing approved crop
group(s) to one or more revised crop
groups. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R180 21 Additional food use; reduced risk. (3) 12 94,774
(4) (5)
----------------------------------------------------------------------------------------------------------------
R190 22 Additional food uses; 6 or more 17 682,357
submitted in one application. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R200 23 Additional Food Use; 6 or more 12 568,632
submitted in one application; Reduced
Risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R210 24 Additional food use; Experimental Use 12 70,210
Permit application; establish
temporary tolerance; no credit toward
new use registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R220 25 Additional food use; Experimental Use 6 28,434
Permit application; crop destruct
basis; no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R230 26 Additional use; non-food; outdoor. (3) 16 45,453
(4) (5)
----------------------------------------------------------------------------------------------------------------
R240 27 Additional use; non-food; outdoor; 10 37,878
reduced risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R250 28 Additional use; non-food; outdoor; 6 28,434
Experimental Use Permit application;
no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R251 29 Experimental Use Permit application 8 28,434
which requires no changes to the
tolerance(s); non-crop destruct
basis. (3) (5)
----------------------------------------------------------------------------------------------------------------
R260 30 New use; non-food; indoor. (3) (4) (5) 12 21,954
----------------------------------------------------------------------------------------------------------------
R270 31 New use; non-food; indoor; reduced 9 18,296
risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R271 32 New use; non-food; indoor; 6 13,940
Experimental Use Permit application;
no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R273 33 Additional use; seed treatment only; 12 72,302
use not requiring a new tolerance;
includes crops with established
tolerances (e.g., for soil or foliar
application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R274 34 Additional use; seed treatment only; 6 12 433,793
or more submitted in one application;
uses not requiring new tolerances;
includes crops with established
tolerances (e.g., for soil or foliar
application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R276 35 Additional use, seed treatment only; 14 79,560
(new) limited uptake into raw agricultural
commodities; use requiring a
tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R277 36 Additional use, seed treatment only; 6 14 477,360
(new) or more submitted in one application;
limited uptake into raw agricultural
commodities; use requiring a
tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 3. -- REGISTRATION DIVISION (RD) -- IMPORT AND OTHER TOLERANCES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R280 37 Establish tolerances for residues in 22 457,311
imported commodities; new active
ingredient or first food use. (2)
----------------------------------------------------------------------------------------------------------------
R290 38 Establish tolerances for residues in 16 91,465
imported commodities; Additional new
food use.
----------------------------------------------------------------------------------------------------------------
R291 39 Establish tolerances for residues in 16 548,773
imported commodities; additional food
uses; 6 or more crops submitted in
one petition.
----------------------------------------------------------------------------------------------------------------
R292 40 Amend an established tolerance (e.g., 12 64,987
decrease or increase) and/or
harmonize established tolerances with
Codex Maximum Residue Limits;
domestic or import; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R293 41 Establish tolerance(s) for inadvertent 13 76,656
residues in one crop; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R294 42 Establish tolerances for inadvertent 13 459,922
residues; 6 or more crops submitted
in one application; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R295 43 Establish tolerance(s) for residues in 16 94,774
one rotational crop in response to a
specific rotational crop application;
submission of corresponding label
amendments which specify the
necessary plant-back restrictions;
applicant-initiated. (3) (4)
----------------------------------------------------------------------------------------------------------------
R296 44 Establish tolerances for residues in 16 568,632
rotational crops in response to a
specific rotational crop petition; 6
or more crops submitted in one
application; submission of
corresponding label amendments which
specify the necessary plant-back
restrictions; applicant-initiated.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R297 45 Amend 6 or more established tolerances 12 389,897
(e.g., decrease or increase) in one
petition; domestic or import;
applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R298 46 Amend an established tolerance (e.g., 14 83,940
decrease or increase); domestic or
import; submission of corresponding
amended labels (requiring science
review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R299 47 Amend 6 or more established tolerances 14 408,853
(e.g., decrease or increase);
domestic or import; submission of
corresponding amended labels
(requiring science review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R281 48 Establish tolerances for residues in 12 68,599
(new) imported commodities; additional new
food use; submission of residue
chemistry data review conducted by
Codex or other competent national
regulatory authority.
----------------------------------------------------------------------------------------------------------------
R282 49 Establish tolerances for residues in 12 411,580
(new) imported commodities; additional new
food uses; 6 or more crops submitted
in one petition; submission of
residue chemistry data review
conducted by Codex or other competent
national regulatory authority.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the
base fee for the category. All items in the covered application must be submitted together in one package.
Each application for an additional new product registration and new inert approval(s) that is submitted in the
amendment application package is subject to the registration service fee for a new product or a new inert
approval. However, if an amendment application only proposes to register the amendment for a new product and
there are no amendments in the application, then review of one new product application is covered by the base
fee. All such associated applications that are submitted together will be subject to the category decision
review time.
``TABLE 4. -- REGISTRATION DIVISION (RD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
New CR Decision Review Time Registration
EPA No. No. Action (Months)(1) Service Fee
($)
----------------------------------------------------------------------------------------------------------------
R300 50 New product; or similar combination 4 2,270
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; no data review on acute
toxicity, efficacy or child-resistant
packaging -- only product chemistry
data; cite-all data citation, or
selective data citation where applicant
owns all required data, or applicant
submits specific authorization letter
from data owner. Category also includes
100% re- package of registered end-use
or manufacturing-use product that
requires no data submission nor data
matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
R301 51 New product; or similar combination 4 2,720
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; selective data citation only
for data on product chemistry and/or
acute toxicity and/or public health pest
efficacy (identical data citation and
claims to cited product(s)), where
applicant does not own all required data
and does not have a specific
authorization letter from data owner.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R310 52 New end-use or manufacturing-use product 7 10,466
with registered source(s) of active
ingredient(s); includes products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; requires review of data package
within RD only; includes data and/or
waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
4. Child-resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R314 53 New end-use product containing up to 8 12,364
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) for up
to 3 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R319 54 New end-use product containing up to 10 18,097
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R318 55 New end-use product containing four or 9 18,994
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R321 56 New end-use product containing four or 11 24,727
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R315 57 New end-use on-animal product, registered 9 14,075
source of active ingredient(s) with
submission of data and/or waivers for
only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R316 58 New end-use or manufacturing-use product 9 16,199
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for 4 to
7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R317 59 New end-use or manufacturing-use product 10 21,932
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. Pest(s) requiring efficacy - for
greater than 7 target pests, (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R320 60 New product; new physical form; requires 12 18,958
data review in science divisions. (2)
(3) (5)
----------------------------------------------------------------------------------------------------------------
R331 61 New product; repack of identical 3 3,627
registered end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
R332 62 New manufacturing-use product; registered 24 405,919
active ingredient; unregistered source
of active ingredient; submission of
completely new generic data package;
registered uses only; requires review in
RD and science divisions. (2) (3)
----------------------------------------------------------------------------------------------------------------
R333 63 New product; manufacturing-use product or 11 28,434
end-use product with unregistered source
of active ingredient; requires science
data review; new physical form; etc.
Cite-all or selective data citation
where applicant owns all required data.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R334 64 New product; manufacturing-use product or 12 33,108
end-use product with unregistered source
of the active ingredient; requires
science data review; new physical form;
etc. Selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------
R361 65 New end-use product containing up to 12 23,400
(new) three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R362 66 New end-use product containing four or 13 25,350
(new) more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R363 67 New product; repack of identical 6 7,800
(new) registered manufacturing-use product as
an end-use product; same registered uses
only, with no additional data. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 5. -- REGISTRATION DIVISION (RD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R340 68 Amendment requiring data review within 4 7,150
RD (e.g., changes to precautionary
label statements); includes adding/
modifying pest(s) claims for up to 2
target pests; excludes products
requiring or citing an animal safety
study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R341 69 Amendment requiring data review within 6 8,584
RD (e.g., changes to precautionary
label statements), includes adding/
modifying pest(s) claims for greater
than 2 target pests; excludes
products requiring or citing an
animal safety study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R345 70 Amending on-animal products previously 7 12,643
registered, with the submission of
data and/or waivers for only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3)
(4)
----------------------------------------------------------------------------------------------------------------
R350 71 Amendment requiring data review in 9 18,958
science divisions (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or
Preharvest Interval, or use rate, or
number of applications; or add aerial
application; or modify Ground Water/
Surface Water advisory statement).
(2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R351 72 Amendment adding a new unregistered 8 18,958
source of active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R352 73 Amendment adding already approved 8 18,958
uses; selective method of support;
does not apply if the applicant owns
all cited data. (2) (3)
----------------------------------------------------------------------------------------------------------------
R371 74 Amendment to Experimental Use Permit; 6 14,463
(does not include extending a
permit's time period). (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under PR Notices,
such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees.
(e) Submissions with data and requiring data review are subject to registration service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 6. -- REGISTRATION DIVISION (RD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R124 75 Conditional Ruling on Pre-application 6 3,627
Study Waivers; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R272 76 Review of Study Protocol applicant- 3 3,627
initiated; excludes Data Analysis
Reporting Tool, pre- registration
conference, Rapid Response review,
developmental neurotoxicity protocol
review, protocol needing Human
Studies Review Board review,
companion animal safety protocol.
----------------------------------------------------------------------------------------------------------------
R275 77 Rebuttal of Agency reviewed protocol, 3 3,627
applicant initiated.
----------------------------------------------------------------------------------------------------------------
R278 78 Review of Protocol for companion 5 4,927
(new) animal safety study.
----------------------------------------------------------------------------------------------------------------
R279 79 Comparative product determination for 3 5,200
(new) reduced risk submission, applicant
initiated; submitted before
application for reduced risk new
active ingredient or reduced risk new
use.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
``TABLE 7. -- ANTIMICROBIAL DIVISION (AD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A380 80 New Active Ingredient; Indirect Food 26 227,957
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A390 81 New Active Ingredient; Direct Food 26 329,265
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A410 82 New Active Ingredient Non-food use. 23 278,659
(2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A431 83 New Active Ingredient, Non-food use; 14 114,984
low-risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 8. -- ANTIMICROBIAL DIVISION (AD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A440 84 New Use, Indirect Food Use, establish 23 45,737
tolerance or tolerance exemption. (2)
(3) (4) (6)
----------------------------------------------------------------------------------------------------------------
A441 85 Additional Indirect food uses; 23 164,639
establish tolerances or tolerance
exemptions if required; 6 or more
submitted in one application. (3) (4)
(5) (6)
----------------------------------------------------------------------------------------------------------------
A450 86 New use, Direct food use, establish 23 137,198
tolerance or tolerance exemption. (2)
(3) (4) (6)
----------------------------------------------------------------------------------------------------------------
A451 87 Additional Direct food uses; establish 22 261,333
tolerances or tolerance exemptions if
required; 6 or more submitted in one
application. (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A500 88 New use, non-food. (4) (5) (6) 15 45,737
----------------------------------------------------------------------------------------------------------------
A501 89 New use, non-food; 6 or more submitted 17 109,764
in one application. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
previously subject to such a clearance, then review of the data for such clearance of such product is not
subject to a registration service fee for the tolerance action for two years from the effective date of the
rule.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(6) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 9. -- ANTIMICROBIAL DIVISION (AD) -- NEW PRODUCTS AND AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A530 90 New product, identical or 4 1,833
substantially similar in composition
and use to a registered product; no
data review or only product chemistry
data; cite all data citation or
selective data citation where
applicant owns all required data; or
applicant submits specific
authorization letter from data owner.
Category also includes 100% re-
package of registered end-use or
manufacturing-use product that
requires no data submission nor data
matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
A531 91 New product; identical or 4 2,616
substantially similar in composition
and use to a registered product;
registered source of active
ingredient: selective data citation
only for data on product chemistry
and/or acute toxicity and/or public
health pest efficacy, where applicant
does not own all required data and
does not have a specific
authorization letter from data owner.
(2) (3)
----------------------------------------------------------------------------------------------------------------
A532 92 New product; identical or 5 7,322
substantially similar in composition
and use to a registered product;
registered active ingredient;
unregistered source of active
ingredient; cite-all data citation
except for product chemistry; product
chemistry data submitted. (2) (3)
----------------------------------------------------------------------------------------------------------------
A550 93 New end-use product; uses other than 9 18,958
FIFRA Sec. 2(mm); non-FQPA product.
(2) (3) (5)
----------------------------------------------------------------------------------------------------------------
A560 94 New manufacturing-use product; 6 18,054
registered active ingredient;
selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------
A565 95 New manufacturing-use product; 18 26,135
registered active ingredient;
unregistered source of active
ingredient; submission of new generic
data package; registered uses only;
requires science review. (2) (3)
----------------------------------------------------------------------------------------------------------------
A572 96 New Product or amendment requiring 9 18,958
data review for risk assessment by
Science Branch (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or use
rate). (2) (3) (4) (7)
----------------------------------------------------------------------------------------------------------------
A460 97 New end-use product; FIFRA Sec. 2(mm) 5 7,322
(new) uses only; 0 to 10 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A461 98 New end-use product; FIFRA Sec. 2(mm) 6 10,158
(new) uses only; 11 to 20 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A462 99 New end-use product; FIFRA Sec. 2(mm) 7 12,995
(new) uses only; 21 to 30 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A463 100 New end-use product; FIFRA Sec. 2(mm) 9 15,831
(new) uses only; 31 to 40 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A464 101 New end-use product; FIFRA Sec. 2(mm) 10 18,668
(new) uses only; 41 to 50 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A465 102 New end-use product; FIFRA Sec. 2(mm) 11 21,505
(new) uses only; 51 or more public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A470 103 Label amendment requiring data review; 4 5,493
(new) 0 to 10 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A471 104 Label amendment requiring data review; 5 8,506
(new) 11 to 20 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A472 105 Label amendment requiring data review; 6 10,219
(new) 21 to 30 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A473 106 Label amendment requiring data review; 7 11,933
(new) 31 to 40 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A474 107 Label amendment requiring data review; 8 13,646
(new) 41 to 50 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A475 108 Label amendment requiring data review; 9 15,766
(new) 51 or more public health organisms.
(3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective
method to support acute toxicity data requirements.
(6) Once an application for an amendment or a new product with public health organisms has been submitted and
classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for
the same product before the first application is granted will result in combination and reclassification of
both the original and subsequent submissions into the appropriate new category based on the sum of the number
of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and
may require additional fees to meet the fee of a new category.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 10. -- ANTIMICROBIAL DIVISION (AD) -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A520 109 Experimental Use Permit application, 9 9,151
non-food use. (2) (3)
----------------------------------------------------------------------------------------------------------------
A521 110 Review of public health efficacy study 6 6,776
protocol within AD, per AD Internal
Guidance for the Efficacy Protocol
Review Process; Code will also
include review of public health
efficacy study protocol; applicant-
initiated; Tier 1.
----------------------------------------------------------------------------------------------------------------
A522 111 Review of public health efficacy study 12 17,424
protocol outside AD by members of AD
Efficacy Protocol Review Expert
Panel; Code will also include review
of public health efficacy study
protocol; applicant-initiated; Tier
2.
----------------------------------------------------------------------------------------------------------------
A537 112 New Active Ingredient/New Use, 18 219,512
Experimental Use Permit application;
Direct food use; Establish tolerance
or tolerance exemption if required.
Credit 45% of fee toward new active
ingredient/new use application that
follows. (3)
----------------------------------------------------------------------------------------------------------------
A538 113 New Active Ingredient/New Use, 18 137,198
Experimental Use Permit application;
Indirect food use; Establish
tolerance or tolerance exemption if
required Credit 45% of fee toward new
active ingredient/new use application
that follows. (3)
----------------------------------------------------------------------------------------------------------------
A539 114 New Active Ingredient/New Use, 15 132,094
Experimental Use Permit application;
Nonfood use. Credit 45% of fee toward
new active ingredient/new use
application that follows. (3)
----------------------------------------------------------------------------------------------------------------
A529 115 Amendment to Experimental Use Permit; 9 16,383
requires data review or risk
assessment. (2) (3)
----------------------------------------------------------------------------------------------------------------
A523 116 Review of protocol other than a public 9 17,424
health efficacy study (i.e.,
Toxicology or Exposure Protocols).
----------------------------------------------------------------------------------------------------------------
A571 117 Science reassessment: refined 18 137,198
ecological risk, and/or endangered
species; applicant-initiated. (3)
----------------------------------------------------------------------------------------------------------------
A533 118 Exemption from the requirement of an 4 3,559
Experimental Use Permit. (2)
----------------------------------------------------------------------------------------------------------------
A534 119 Rebuttal of Agency reviewed protocol, 4 6,776
applicant initiated.
----------------------------------------------------------------------------------------------------------------
A535 120 Conditional ruling on pre-application 6 3,454
study waiver or data bridging
argument; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
A536 121 Conditional ruling on pre-application 4 3,559
direct food, indirect food, nonfood
use determination; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
A575 122 Efficacy similarity determination; if 4 3,389
(new) two products can be bridged or if
confirmatory efficacy data are
needed.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
3) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 11. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B580 123 New active ingredient; petition to 22 73,173
establish a tolerance. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
B590 124 New active ingredient; petition to 20 45,737
establish a tolerance exemption. (2)
(3) (4)
----------------------------------------------------------------------------------------------------------------
B600 125 New active ingredient; no change to a 15 27,443
permanent tolerance or tolerance
exemption (includes non-food uses).
(2) (3) (4)
----------------------------------------------------------------------------------------------------------------
B610 126 New active ingredient; Experimental 12 18,296
Use Permit application; petition to
establish a permanent or temporary
tolerance or temporary tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B620 127 New active ingredient; Experimental 9 9,151
Use Permit application; non-food use
(includes crop destruct). (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 12. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B630 128 First food use; petition to establish/ 13 18,296
amend a tolerance exemption. (2) (4)
(5)
----------------------------------------------------------------------------------------------------------------
B640 129 First food use; petition to establish/ 19 27,443
amend a tolerance. (2) (4) (5)
----------------------------------------------------------------------------------------------------------------
B644 130 New use, no change to an established 8 18,296
tolerance or tolerance exemption
(includes non-food uses). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
B645 131 New use; Experimental Use Permit; 12 18,296
petition to establish a permanent or
temporary tolerance or tolerance
exemption. (4) (5)
----------------------------------------------------------------------------------------------------------------
B646 132 New use; Experimental Use Permit; non- 7 9,151
food use (includes crop destruct).
(4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screen, and (c) is not itself a covered registration application, must be assessed 25% of the full
registration service fee for the new use application.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 13. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B660 133 New product; registered source of 6 1,833
active ingredient(s); identical or
substantially similar in composition
and use to a registered product; no
change in an established tolerance or
tolerance exemption; no data
submission or data matrix (or
submission of product chemistry data
only). (2) (3)
----------------------------------------------------------------------------------------------------------------
B670 134 New product; registered source of 9 7,322
active ingredient(s); no change in an
established tolerance or tolerance
exemption; (including non-food); Must
address Product-Specific Data
Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B672 135 New product; unregistered source of at 15 13,069
least one active ingredient (or
registered source with new generic
data package); no change in an
established tolerance or tolerance
exemption (including non-food); must
address Product-Specific and Generic
Data Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B673 136 New product; unregistered source of 12 7,322
active ingredient(s); citation of
Technical Grade Active Ingredient
(TGAI) data previously reviewed and
accepted by the Agency; requires an
Agency determination that the cited
data support the new product. (2) (3)
----------------------------------------------------------------------------------------------------------------
B674 137 New product; repack of identical 4 1,833
registered end-use product or repack
of an end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
B677 138 New end-use non-food animal product 12 12,643
with submission of two or more target
animal safety studies; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. public health pest efficacy and/or
4. animal safety studies and/or
5. child resistant packaging. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
``TABLE 14. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B621 139 Amendment; Experimental Use Permit; no 7 7,322
change to an established temporary or
permanent tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B622 140 Amendment; Experimental Use Permit; 11 18,296
petition to amend a permanent or
temporary tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B641 141 Amendment; changes to an established 13 18,296
tolerance or tolerance exemption. (4)
----------------------------------------------------------------------------------------------------------------
B680 142 Amendment; registered sources of 5 7,322
active ingredient(s); no new use(s);
no changes to an established
tolerance or tolerance exemption;
requires data submission. (2) (3)
----------------------------------------------------------------------------------------------------------------
B681 143 Amendment; unregistered source of 7 8,714
active ingredient(s); no change to an
established tolerance or tolerance
exemption; requires data submission.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B683 144 Amendment; no change to an established 6 7,322
tolerance or tolerance exemption;
requires review/update of previous
risk assessment(s) without data
submission (e.g., labeling changes to
Restricted Entry Interval, Personal
Protective Equipment, Preharvest
Interval). (2) (3)
----------------------------------------------------------------------------------------------------------------
B684 145 Amending non-food animal product that 8 12,643
includes submission of target animal
safety data; previously registered.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B685 146 Amendment; add a new biochemical 5 7,322
unregistered source of active
ingredient or a new microbial
production site; requires submission
of analysis of samples data and
source/production site-specific
manufacturing process description.
(3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 15. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES
(SCLP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B690 147 SCLP; new active ingredient; food or 7 3,662
non-food use. (2) (6) (7)
----------------------------------------------------------------------------------------------------------------
B700 148 SCLP; Experimental Use Permit 7 1,833
application; new active ingredient or
new use. (6) (7)
----------------------------------------------------------------------------------------------------------------
B701 149 SCLP; Extend or amend Experimental Use 4 1,833
Permit. (6) (7)
----------------------------------------------------------------------------------------------------------------
B710 150 SCLP; new product; registered source 4 1,833
of active ingredient(s); identical or
substantially similar in composition
and use to a registered product; no
change in an established tolerance or
tolerance exemption; no data
submission or data matrix (or only
product chemistry data); (Includes
100% re-pack; repack of registered
end-use product as a manufacturing-
use product). (3) (6)
----------------------------------------------------------------------------------------------------------------
B720 151 SCLP; new product; registered source 5 1,833
of active ingredient(s); no change in
an established tolerance or tolerance
exemption (including non-food); Must
address Product-Specific Data
Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
B721 152 SCLP: new product; unregistered source 7 3,836
of active ingredient; no change in an
established tolerance or tolerance
exemption (including non-food); must
address Product-Specific and Generic
Data Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
B722 153 SCLP; new use and/or amendment; 7 3,552
petition to establish a tolerance or
tolerance exemption. (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
B730 154 SCLP; amendment requiring data 5 1,833
submission. (4) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 16. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B614 155 Pre-application; Conditional Ruling on 3 3,627
rationales for addressing a data
requirement in lieu of data;
applicant-initiated; applies to one
(1) rationale at a time.
----------------------------------------------------------------------------------------------------------------
B682 156 Protocol review; applicant initiated; 3 3,487
excludes time for Human Studies
Review Board review (Includes
rebuttal of protocol review).
----------------------------------------------------------------------------------------------------------------
B616 157 Pre-application; Conditional Ruling on 5 4,715
(new) a non-food use determination.
----------------------------------------------------------------------------------------------------------------
B617 158 Pre-application; biochemical 5 4,715
(new) classification determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
``TABLE 17. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- PLANT-INCORPORATED PROTECTANTS (PIP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B740 159 Experimental Use Permit application; 9 137,198
no petition for tolerance/tolerance
exemption; includes:
1. non-food/feed use(s) for a new (2)
or registered (3) PIP (12);
2. food/feed use(s) for a new or
registered PIP with crop destruct;
3. food/feed use(s) for a new or
registered PIP in which an
established tolerance/tolerance
exemption exists for the intended
use(s). (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
B750 160 Experimental Use Permit application; 12 182,927
with a petition to establish a
temporary or permanent tolerance/
tolerance exemption for the active
ingredient. Includes new food/feed
use for a registered (3) PIP. (4)
(12)
----------------------------------------------------------------------------------------------------------------
B771 161 Experimental Use Permit application; 13 182,927
new (2) PIP; with petition to
establish a temporary tolerance/
tolerance exemption for the active
ingredient; credit 75% of B771 fee
toward registration application for a
new active ingredient that follows.
(5) (12)
----------------------------------------------------------------------------------------------------------------
B772 162 Application to amend or extend a PIP 3 18,296
Experimental Use Permit; no petition
since the established tolerance/
tolerance exemption for the active
ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
B773 163 Application to amend or extend a PIP 9 45,737
Experimental Use Permit; with
petition to extend a temporary
tolerance/tolerance exemption for the
active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
B780 164 Registration application; new (2) PIP; 16 228,657
non-food/feed or food/feed without
tolerance petition based on an
existing permanent tolerance
exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B800 165 Registration application; new (2) PIP; 17 246,949
with petition to establish permanent
tolerance/tolerance exemption for the
active ingredient based on an
existing temporary tolerance/
tolerance exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B820 166 Registration application; new (2) PIP; 19 292,682
with petition to establish or amend a
permanent tolerance/tolerance
exemption of an active ingredient.
(5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B851 167 Registration application; new event of 9 182,927
a previously registered PIP active
ingredient(s); no petition since
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (12)
----------------------------------------------------------------------------------------------------------------
B870 168 Registration application; registered 9 54,881
(3) PIP; new product; new use; no
petition since a permanent tolerance/
tolerance exemption is already
established for the active
ingredient(s). (4) (12) (14)
----------------------------------------------------------------------------------------------------------------
B880 169 Registration application; registered 9 45,737
(3) PIP; new product or new terms of
registration; additional data
submitted; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (5) (6) (7)
(12) (14)
----------------------------------------------------------------------------------------------------------------
B883 170 Registration application; new (2) PIP, 13 182,927
seed increase with negotiated acreage
cap and time-limited registration;
with petition to establish a
permanent tolerance/tolerance
exemption for the active ingredient
based on an existing temporary
tolerance/tolerance exemption. (5)
(8) (12) (14)
----------------------------------------------------------------------------------------------------------------
B884 171 Registration application; new (2) PIP, 19 228,657
seed increase with negotiated acreage
cap and time-limited registration;
with petition to establish a
permanent tolerance/tolerance
exemption for the active ingredient.
(5) (8) (12) (14)
----------------------------------------------------------------------------------------------------------------
B885 172 Registration application; registered 6 45,737
(2) PIP, seed increase; breeding
stack of previously approved PIPs,
same crop; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (9) (12)
----------------------------------------------------------------------------------------------------------------
B890 173 Application to amend a seed increase 9 91,465
registration; converts registration
to commercial registration; no
petition since permanent tolerance/
tolerance exemption is already
established for the active
ingredient(s). (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B900 174 Application to amend a registration, 6 18,296
including actions such as modifying
an IRM plan, or adding an insect to
be controlled. (5) (10) (11) (12)
----------------------------------------------------------------------------------------------------------------
B902 175 PIP Protocol review. 3 9,151
----------------------------------------------------------------------------------------------------------------
B903 176 Inert ingredient permanent tolerance 12 91,465
exemption; e.g., a marker such as NPT
II; reviewed in BPPD.
----------------------------------------------------------------------------------------------------------------
B904 177 Import tolerance or tolerance 12 182,927
exemption; processed commodities/food
only (inert or active ingredient).
----------------------------------------------------------------------------------------------------------------
B905 178 FIFRA Scientific Advisory Panel 6 91,465
Review.
----------------------------------------------------------------------------------------------------------------
B906 179 Petition to establish a temporary 9 45,733
tolerance/tolerance exemption for one
or more active ingredients.
----------------------------------------------------------------------------------------------------------------
B907 180 Petition to establish a permanent 9 18,296
tolerance/tolerance exemption for one
or more active ingredients based on
an existing temporary tolerance/
tolerance exemption.
----------------------------------------------------------------------------------------------------------------
B909 181 PIP tolerance exemption determination; 6 18,296
(new) applicant-initiated; request to
determine if an existing tolerance
exemption applies to a PIP.
----------------------------------------------------------------------------------------------------------------
B910 182 Biotechnology Notification for small- 3 9,151
(new) scale field testing of genetically
engineered microbes.
----------------------------------------------------------------------------------------------------------------
B921 183 Experimental Use Permit application; 12 182,927
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
non-food/feed. This category would
cover substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B921 fee toward
registration application for the new
active ingredient that follows
(B922). (5) (12) (13)
----------------------------------------------------------------------------------------------------------------
B922 184 Registration application; new active 16 228,657
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); non-food/feed. This
category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B923 185 Experimental Use Permit application; 15 228,658
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
with petition to establish a
temporary or permanent tolerance/
tolerance exemption of an active
ingredient. This category would cover
substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B923 fee toward
registration application for the new
active ingredient that follows
(B924). (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B924 186 Registration application; new active 19 292,682
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); with petition to establish
a permanent tolerance/tolerance
exemption of an active ingredient.
This category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B925 187 Experimental Use Permit application; 11 27,452
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; non-food/feed; credit 75%
of B925 fee toward registration
application for the new active
ingredient that follows (B926). (5)
(12)
----------------------------------------------------------------------------------------------------------------
B926 188 Registration application; new active 17 82,329
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; non-food/feed. (5)
(12) (14)
----------------------------------------------------------------------------------------------------------------
B927 189 Experimental Use Permit application; 14 54,889
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; with petition to establish
a temporary or permanent tolerance/
tolerance exemption of an active
ingredient; credit 75% of B927 fee
toward registration application for
the new active ingredient that
follows (B928). (5) (12)
----------------------------------------------------------------------------------------------------------------
B928 190 Registration application; new active 22 137,210
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; with petition to
establish a permanent tolerance/
tolerance exemption of an active
ingredient. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B929 191 Registration application; new product, 10 7,322
(new) registered active ingredient;
exogenous applications of RNA to
elicit the RNA interference pathway
in pests; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (5) (12)
----------------------------------------------------------------------------------------------------------------
B930 192 Application to amend or extend a non- 3 18,296
(new) PIP Emerging Technologies
Experimental Use Permit; no petition
since the established tolerance/
tolerance exemption for the active
ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
B931 193 Application to amend or extend a non- 9 45,737
(new) PIP Emerging Technologies
Experimental Use Permit; with
petition to extend a temporary
tolerance/tolerance exemption for the
active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
B932 194 Amendment; application to amend a non- 6 18,296
(new) PIP Emerging Technologies
registration. (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) `New PIP' means a PIP with an active ingredient that has not been registered.
(3) `Registered PIP' means a PIP with an active ingredient that is currently registered.
(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to
sweet corn.
(5) If, during review of the application, it is determined that review by the FIFRA Scientific Advisory Panel
(SAP) is needed, the applicant will submit an application for category B905, which will be processed
concurrently, and the decision review time for both applications will be the longer of the two associated
applications. The scientific data involved in this category are complex. EPA often seeks technical advice from
the SAP on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non-target species,
insect resistance, and novel scientific issues surrounding new technologies. The scientists of the SAP neither
make nor recommend policy decisions. They provide advice on the science used to make these decisions. Their
advice is invaluable to the EPA as it strives to protect humans and the environment from risks posed by
pesticides. Due to the time it takes to schedule and prepare for meetings with the SAP, additional time and
costs are needed.
(6) Registered PIPs stacked through conventional breeding.
(7) Deployment of a registered PIP with a different Insecticide Resistance Management (IRM) plan (e.g., seed
blend).
(8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure,
risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal
substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type
of non-target organism data submitted and the lack of insect resistance management data, which is usually not
required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission
of a registration application in this category.
(9) Application can be submitted prior to or concurrently with an application for commercial registration.
(10) For example, IRM plan modifications that are applicant-initiated.
(11) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(12) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(13) This category does not include genetic modifications in animals not intended for use as a pesticide, e.g.,
genetic modifications in animals intended for food use or animals intended for use as companion animals.
(14) If the Administrator determines that endangered species analysis is required for this action, using
guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time
can be extended for endangered species assessment one time only for up to 50%, upon written notification to
the applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 18. -- INERT INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
I001 195 Approval of new food use inert 15 38,698
ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
I002 196 Amend currently approved inert 13 10,750
ingredient tolerance or exemption
from tolerance; new data. (2)
----------------------------------------------------------------------------------------------------------------
I003 197 Amend currently approved inert 11 4,742
ingredient tolerance or exemption
from tolerance; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I004 198 Approval of new non-food use inert 6 15,803
ingredient. (2)
----------------------------------------------------------------------------------------------------------------
I005 199 Amend currently approved non-food use 6 7,903
inert ingredient with new use
pattern; new data. (2)
----------------------------------------------------------------------------------------------------------------
I006 200 Amend currently approved non-food use 4 4,742
inert ingredient with new use
pattern; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I007 201 Approval of substantially similar non- 5 2,371
food use inert ingredients when
original inert is compositionally
similar with similar use pattern. (2)
----------------------------------------------------------------------------------------------------------------
I008 202 Approval of new or amended polymer 7 5,374
inert ingredient, food use. (2)
----------------------------------------------------------------------------------------------------------------
I009 203 Approval of new or amended polymer 4 4,427
inert ingredient, non-food use. (2)
----------------------------------------------------------------------------------------------------------------
I010 204 Petition to amend a single tolerance 7 2,371
exemption descriptor, or single non-
food use descriptor, to add 10
CASRNs; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I011 205 Approval of new food use safener with 26 856,631
tolerance or exemption from
tolerance. (2)
----------------------------------------------------------------------------------------------------------------
I012 206 Approval of new non-food use safener. 21 595,147
(2)
----------------------------------------------------------------------------------------------------------------
I013 207 Approval of additional food use for 17 90,260
previously approved safener with
tolerance or exemption from
tolerance. (2)
----------------------------------------------------------------------------------------------------------------
I014 208 Approval of additional non-food use 15 36,074
for previously approved safener. (2)
----------------------------------------------------------------------------------------------------------------
I015 209 Approval of new generic data for 26 386,589
previously approved food use safener.
(2)
----------------------------------------------------------------------------------------------------------------
I016 210 Approval of amendment(s) to tolerance 15 79,942
and label for previously approved
safener. (2)
----------------------------------------------------------------------------------------------------------------
I017 211 (new) Add new source of previously approved 8 18,958
safener.
----------------------------------------------------------------------------------------------------------------
I018 212 (new) Petition to add one approved inert 3 2,371
ingredient (CASRN) to the Commodity
Inert Ingredient List; no data. (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
previously subject to such a clearance, then review of the data for such clearance of such product is not
subject to a registration service fee for the tolerance action for two years from the effective date of the
rule.
(4) Due to low fee and short time frame this category is not eligible for small business waivers.
``TABLE 19. -- EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
M001 213 Study protocol requiring Human Studies 14 11,378
Review Board review as defined in 40
CFR Part 26 in support of a currently
registered active ingredient.
----------------------------------------------------------------------------------------------------------------
M002 214 Completed study requiring Human 14 11,378
Studies Review Board review as
defined in 40 CFR Part 26 in support
of an active ingredient. (2)
----------------------------------------------------------------------------------------------------------------
M003 215 External technical peer review of new 12 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of less than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
.ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M004 216 External technical peer review of new 18 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of greater than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M005 217 New Product: Combination, Contains a 9 31,604
combination of active ingredients
from a registered and/or unregistered
source; conventional, antimicrobial
and/or biopesticide. Requires
coordination with other regulatory
divisions to conduct review of data,
label and/or verify the validity of
existing data as cited. Only existing
uses for each active ingredient in
the combination product. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
M006 218 Request for up to 5 letters of 1 398
certification (Gold Seal) for one
actively registered product (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M007 219 Request to extend Exclusive Use of 12 7,903
data as provided by FIFRA Section
3(c)(1)(F)(ii).
----------------------------------------------------------------------------------------------------------------
M008 220 Request to grant Exclusive Use of data 15 2,371
as provided by FIFRA Section
3(c)(1)(F)(vi) for a minor use, when
a FIFRA Section 2(ll)(2)
determination is required.
----------------------------------------------------------------------------------------------------------------
M009 221 Non-FIFRA Regulated Determination; 6 3,389
applicant-initiated, per product.
----------------------------------------------------------------------------------------------------------------
M010 222 Conditional ruling on pre-application, 4 3,389
product substantial similarity.
----------------------------------------------------------------------------------------------------------------
M011 223 Label amendment to add the DfE logo; 4 5,230
requires data review; no other label
changes. (8)
----------------------------------------------------------------------------------------------------------------
M012 224 (new) Request for up to 5 letters of 1 398
certification (Certificate of
Establishment) for one actively
registered product or one product
produced for export (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M013 225 (new) Cancer reassessment; applicant- 18 284,144
initiated.
----------------------------------------------------------------------------------------------------------------
M014 227 (new) Pre-application nano-particle 8 17,424
determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) Any other covered application that is associated with and dependent on the review by the Human Studies
Review Board will be subject to its separate registration service fee. The decision review times for the
associated actions run concurrently, but will end at the date of the latest review time.
(3) Any other covered application that is associated with and dependent on the FIFRA Scientific Advisory Panel
review will be subject to its separate registration service fee. The decision review time for the associated
action will be extended by the decision review time for the SAP review.
(4) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(5) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) Due to low fee and short time frame this category is not eligible for small business waivers.
(8) This category includes amendments the sole purpose of which is to add `Design for the Environment' (DfE) (or
equivalent terms that do not use `safe' or derivatives of `safe') logos to a label. DfE is a voluntary
program. A label bearing a DfE logo is not considered an Agency endorsement because the ingredients in the
qualifying product must meet objective, scientific criteria established and widely publicized by EPA.''.
SEC. 707. INFORMATION.
Not later than 180 days after the date of enactment of this title,
the Administrator of the Environmental Protection Agency shall post on
a single webpage of the website of the Environmental Protection Agency
aggregated information on pesticide regulation under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
including--
(1) all guidance relating to risk assessment, risk
mitigation, benefits assessments, and cost-benefit balancing;
(2) hyperlinks to resources, including the Department of
Agriculture's ``national list of allowed and prohibited
substances'' for organic crop and livestock production;
(3) biopesticides and pesticides exempt pursuant to section
25(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w(b)); and
(4) integrated pest management principles developed under
section 28(c) of such Act (7 U.S.C. 136w-3(c)), including
technical assistance for implementation of those principles.
SEC. 708. IMPLEMENTATION DATES WITH RESPECT TO FEES.
(a) Fee Increases.--
(1) Registration service fees.--With respect to amendments
made by this title to increase registration service fees
specified in section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), such increases shall not
be effective until the date that is 60 days after the date of
the enactment of this title, regardless of whether such section
33 specifies (as so amended) that such increases are effective
for fiscal year 2023.
(2) Maintenance fees.--With respect to amendments made by
this title to increase the amount of maintenance fees to be
collected under section 4(i) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)), such
increases shall be effective beginning on October 1, 2022.
(b) Set-asides.--With respect to any set-asides specified in
subsection (i) or (k) of section 4 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1), such set-asides shall
be effective beginning on October 1, 2022.
Subtitle B--Other Matters Relating to Pesticides
SEC. 711. REGISTRATION REVIEW DEADLINE EXTENSION.
(a) In General.--Notwithstanding section 3(g)(1)(A)(iii)(I) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(g)(1)(A)(iii)(I)), the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall complete the initial registration review of
each pesticide or pesticide case covered by that section not later than
October 1, 2026.
(b) Interim Registration Review Decision Requirements.--
(1) Definition of covered interim registration review
decision.--In this subsection, the term ``covered interim
registration review decision'' means an interim registration
review decision--
(A) that is associated with an initial registration
review described in subsection (a);
(B) that is noticed in the Federal Register during
the period beginning on the date of enactment of this
Act and ending on October 1, 2026; and
(C) for which the Administrator has not, as of the
date on which the decision is noticed in the Federal
Register, made effects determinations or completed any
necessary consultation under section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)).
(2) Requirements.--Any covered interim registration review
decision shall include, where applicable, measures to reduce
the effects of the applicable pesticide on--
(A) species listed under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); or
(B) any designated critical habitat.
(3) Consultation.--In developing measures described in
paragraph (2), the Administrator shall take into account the
input received from the Secretary of Agriculture and other
members of the interagency working group established under
section 3(c)(11) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(c)(11)).
DIVISION II--PREGNANT WORKERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Pregnant Workers Fairness
Act''.
SEC. 102. DEFINITIONS.
As used in this division--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``covered entity''--
(A) has the meaning given the term ``respondent''
in section 701(n) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(n)); and
(B) includes--
(i) an employer, which means a person
engaged in industry affecting commerce who has
15 or more employees as defined in section
701(b) of title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e(b));
(ii) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(iii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a)); and
(iv) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301), and an
individual described in section 201(d) of that Act (2
U.S.C. 1311(d));
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies;
(4) the term ``known limitation'' means physical or mental
condition related to, affected by, or arising out of pregnancy,
childbirth, or related medical conditions that the employee or
employee's representative has communicated to the employer
whether or not such condition meets the definition of
disability specified in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
(5) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a));
(6) the term ``qualified employee'' means an employee or
applicant who, with or without reasonable accommodation, can
perform the essential functions of the employment position,
except that an employee or applicant shall be considered
qualified if--
(A) any inability to perform an essential function
is for a temporary period;
(B) the essential function could be performed in
the near future; and
(C) the inability to perform the essential function
can be reasonably accommodated; and
(7) the terms ``reasonable accommodation'' and ``undue
hardship'' have the meanings given such terms in section 101 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111)
and shall be construed as such terms are construed under such
Act and as set forth in the regulations required by this
division, including with regard to the interactive process that
will typically be used to determine an appropriate reasonable
accommodation.
SEC. 103. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS
RELATED TO PREGNANCY.
It shall be an unlawful employment practice for a covered entity
to--
(1) not make reasonable accommodations to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of a qualified employee, unless such covered
entity can demonstrate that the accommodation would impose an
undue hardship on the operation of the business of such covered
entity;
(2) require a qualified employee affected by pregnancy,
childbirth, or related medical conditions to accept an
accommodation other than any reasonable accommodation arrived
at through the interactive process referred to in section
102(7);
(3) deny employment opportunities to a qualified employee
if such denial is based on the need of the covered entity to
make reasonable accommodations to the known limitations related
to the pregnancy, childbirth, or related medical conditions of
the qualified employee;
(4) require a qualified employee to take leave, whether
paid or unpaid, if another reasonable accommodation can be
provided to the known limitations related to the pregnancy,
childbirth, or related medical conditions of the qualified
employee; or
(5) take adverse action in terms, conditions, or privileges
of employment against a qualified employee on account of the
employee requesting or using a reasonable accommodation to the
known limitations related to the pregnancy, childbirth, or
related medical conditions of the employee.
SEC. 104. REMEDIES AND ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person alleging a
violation of title VII of such Act (42 U.S.C. 2000e et seq.)
shall be the powers, remedies, and procedures this division
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this division against an employee described in
section 102(3)(A) except as provided in paragraphs (2) and (3)
of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission, the Attorney General, or any person alleging such
practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission, the
Attorney General, or any person alleging such practice (not an
employment practice specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) for the purposes of addressing allegations
of violations of section 201(a)(1) of such Act (2 U.S.C.
1311(a)(1)) shall be the powers, remedies, and procedures this
division provides to address an allegation of an unlawful
employment practice in violation of this division against an
employee described in section 102(3)(B), except as provided in
paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) for the purposes of
addressing allegations of such a violation shall be the powers,
remedies, and procedures this division provides to address
allegations of such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, for purposes of addressing allegations of
such a violation, shall be the powers, remedies, and procedures
this division provides to address any allegation of such
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes (42
U.S.C. 1981a(a)(1))).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person alleging a violation of section 411(a)(1) of such
title shall be the powers, remedies, and procedures this
division provides to the President, the Commission, the Board,
or any person, respectively, alleging an unlawful employment
practice in violation of this division against an employee
described in section 102(3)(C), except as provided in
paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
President, the Commission, the Board, or any person alleging
such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the President, the
Commission, the Board, or any person alleging such practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
Commission or any person alleging a violation of section
302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this division provides to the
Commission or any person, respectively, alleging an unlawful
employment practice in violation of this division against an
employee described in section 102(3)(D), except as provided in
paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission or any
person alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person alleging a violation of
that section shall be the powers, remedies, and procedures this
division provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this division
against an employee described in section 102(3)(E), except as
provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission, the Attorney General, the Librarian of Congress, or
any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission, the
Attorney General, the Librarian of Congress, or any person
alleging such practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the Revised
Statutes (42 U.S.C. 1981a(a)(1))).
(f) Prohibition Against Retaliation.--
(1) In general.--No person shall discriminate against any
employee because such employee has opposed any act or practice
made unlawful by this division or because such employee made a
charge, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing under this division.
(2) Prohibition against coercion.--It shall be unlawful to
coerce, intimidate, threaten, or interfere with any individual
in the exercise or enjoyment of, or on account of such
individual having exercised or enjoyed, or on account of such
individual having aided or encouraged any other individual in
the exercise or enjoyment of, any right granted or protected by
this division.
(3) Remedy.--The remedies and procedures otherwise provided
for under this section shall be available to aggrieved
individuals with respect to violations of this subsection.
(g) Limitation.--Notwithstanding subsections (a)(3), (b)(3),
(c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves
the provision of a reasonable accommodation pursuant to this division
or regulations implementing this division, damages may not be awarded
under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the
covered entity demonstrates good faith efforts, in consultation with
the employee with known limitations related to pregnancy, childbirth,
or related medical conditions who has informed the covered entity that
accommodation is needed, to identify and make a reasonable
accommodation that would provide such employee with an equally
effective opportunity and would not cause an undue hardship on the
operation of the covered entity.
SEC. 105. RULEMAKING.
(a) EEOC Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commission shall issue regulations in an
accessible format in accordance with subchapter II of chapter 5 of
title 5, United States Code, to carry out this division. Such
regulations shall provide examples of reasonable accommodations
addressing known limitations related to pregnancy, childbirth, or
related medical conditions.
(b) OCWR Rulemaking.--
(1) In general.--Not later than 6 months after the
Commission issues regulations under subsection (a), the Board
(as defined in section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section
304 of the Congressional Accountability Act of 1995 (2 U.S.C.
1384)), issue regulations to implement the provisions of this
division made applicable to employees described in section
102(3)(B), under section 104(b).
(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Commission under subsection (a)
except to the extent that the Board may determine, for good
cause shown and stated together with the regulations issued
under paragraph (1) that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protection under this division.
SEC. 106. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to the
Constitution from an action in a Federal or State court of competent
jurisdiction for a violation of this division. In any action against a
State for a violation of this division, remedies (including remedies
both at law and in equity) are available for such a violation to the
same extent as such remedies are available for such a violation in an
action against any public or private entity other than a State.
SEC. 107. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this division shall be construed--
(1) to invalidate or limit the powers, remedies, and
procedures under any Federal law or law of any State or
political subdivision of any State or jurisdiction that
provides greater or equal protection for individuals affected
by pregnancy, childbirth, or related medical conditions; or
(2) by regulation or otherwise, to require an employer-
sponsored health plan to pay for or cover any particular item,
procedure, or treatment or to affect any right or remedy
available under any other Federal, State, or local law with
respect to any such payment or coverage requirement.
(b) Rule of Construction.--This division is subject to the
applicability to religious employment set forth in section 702(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a)).
SEC. 108. SEVERABILITY.
If any provision of this division or the application of that
provision to particular persons or circumstances is held invalid or
found to be unconstitutional, the remainder of this division and the
application of that provision to other persons or circumstances shall
not be affected.
SEC. 109. EFFECTIVE DATE.
This division shall take effect on the date that is 180 days after
the date of enactment of this Act.
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
TITLE I--NORTH ATLANTIC RIGHT WHALES AND REGULATIONS
SEC. 101. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
(a) In General.--Notwithstanding any other provision of law except
as provided in subsection (b), for the period beginning on the date of
enactment of this Act and ending on December 31, 2028, the Final Rule
amending the regulations implementing the Atlantic Large Whale Take
Reduction Plan (86 Fed. Reg. 51970) shall be deemed sufficient to
ensure that the continued Federal and State authorizations of the
American lobster and Jonah crab fisheries are in full compliance with
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The
National Marine Fisheries Service shall--
(1) throughout the period described in the preceding
sentence, in consultation with affected States and fishing
industry participants, promote the innovation and adoption of
gear technologies in the fisheries described in the preceding
sentence, in order to implement additional whale protection
measures by December 31, 2028;
(2) promulgate new regulations for the American lobster and
Jonah crab fisheries consistent with the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
take effect by December 31, 2028, utilizing existing and
innovative gear technologies, as appropriate; and
(3) in consultation with affected States, submit an annual
report to Congress on the status of North Atlantic Right
Whales, the actions taken and plans to implement measures
expected to not exceed Potential Biological Removal by December
31, 2028, the amount of serious injury and mortality by fishery
and country, and the proportion of the American lobster and
Jonah crab fisheries that have transitioned to innovative gear
technologies that reduce harm to the North Atlantic Right
Whale.
(b) Exception.--The provisions of subsection (a) shall not apply to
an existing emergency rule, or any action taken to extend or make final
an emergency rule that is in place on the date of enactment of this
Act, affecting lobster and Jonah crab.
TITLE II--GRANT AUTHORITY
SEC. 201. CONSERVATION AND MITIGATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere (in this title referred to as the ``Under
Secretary'') shall establish a program to provide competitive
financial assistance, on an annual basis, and cooperative
agreements including multiyear grants and direct payment, to
eligible entities for eligible uses, such as projects designed
to reduce the lethal and sub-lethal effects of human activities
on North Atlantic right whales.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
(3) Cooperative agreements.--The Under Secretary may enter
into cooperative agreements with the National Fish and Wildlife
Foundation established by the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry
out this title.
(b) Eligible Entities.--An entity is an eligible entity for
purposes of assistance awarded under subsection (a) if the entity is--
(1) a relevant port authority for a port;
(2) a relevant State, regional, local, or Tribal
government;
(3) any other individual or entity, as determined
appropriate by the Under Secretary, including--
(A) an owner or operator of a vessel, as defined
under section 3 of title 1, United States Code; and
(B) participants within sectors of the maritime
industry, such as boating, shipping, fishing, fishing
gear and rope manufacturing, and other maritime
activities;
(4) a nonprofit organization or research institution with
expertise in commercial fisheries, gear innovation, and North
Atlantic right whale conservation; or
(5) a consortium of entities described in paragraphs (1)
through (4).
(c) Eligible Uses.--Assistance awarded under subsection (a) may be
used to develop, assess, and carry out activities that reduce human
induced threats to North Atlantic right whales, including--
(1) funding research to identify, deploy, or test
innovative gear technologies;
(2) subsidizing acquisition of innovative gear technologies
to improve adoption of those technologies by fisheries
participants, which may include direct payment to fisheries
participants;
(3) training for fisheries participants to improve
deployment, safety, and adoption of innovative gear
technologies;
(4) funding for monitoring necessary to support dynamic
management of fisheries, vessel traffic, or other needs; and
(5) other uses as determined by the Under Secretary in
consultation with relevant eligible entities.
(d) Priority.--In determining whether to fund project proposals
under this section, the Under Secretary shall prioritize projects--
(1) with a substantial likelihood of reducing lethal and
sub-lethal effects on North Atlantic right whales from fishing
gear entanglements or vessel collisions;
(2) that include cooperation with fishing industry
participants or other private sector stakeholders; and
(3) that demonstrate, or have the potential to provide,
economic benefits to small businesses based in the United
States.
(e) Prohibited Uses.--
(1) In general.--Except as provided in paragraph (2), funds
awarded under this section may not be used to distribute
resources to an entity or individual that is not a United
States person (as defined in section 7701(a)(3) of the Internal
Revenue Code of 1986).
(2) Exception.--Funds awarded under this section may be
used to distribute resources to a partnership that includes an
entity or individual that is not a United States person (as
defined in section 7701(a)(30) of the Internal Revenue Code of
1986) if the resources are distributed directly to a partner in
the partnership that is a United States person (as so defined).
(f) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Under Secretary periodic reports (at such intervals as the
Under Secretary may require) that include all information that
the Under Secretary, after consultation with other government
officials, determines is necessary to evaluate the progress and
success of the project for the purposes of ensuring positive
results, assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1) shall be made available to the public in a timely manner.
SEC. 202. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every 5 years thereafter, the Under Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of Representatives a
report on the results and effectiveness of projects receiving
assistance provided under this title.
SEC. 203. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to the Under Secretary to carry out this title $50,000,000 (of
which not less than $40,000,000 shall be for innovative gear
deployment and technology) for each of fiscal years 2023
through 2032.
(2) Administrative expenses.--Of the amounts authorized to
be appropriated under this subsection for a fiscal year, the
Under Secretary may expend not more than 5 percent, or up to
$80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this title.
(b) Acceptance and Use of Donations.--The Under Secretary may
accept, receive, solicit, hold, administer, and use any gift, devise,
or bequest, consistent with policy of the Department of Commerce in
effect on the date of enactment of this Act, to provide assistance
under section 201.
TITLE III--CONTINUOUS PLANKTON RECORDER
SEC. 301. SURVEY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a Continuous Plankton Recorder
survey.
(b) Required Elements.--For the purpose of conducting the survey
required under subsection (a), the Northeast Fisheries Science Center
shall--
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions,
nonprofit organizations, commercial vessels, and other Federal
agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
(3) prioritize the collection of plankton samples and data
that inform the conservation of North Atlantic right whales;
and
(4) to the extent practicable, coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary of Commerce
$300,000 for each of fiscal years 2023 through 2032, which shall be
derived from existing funds otherwise appropriated to the Secretary.
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.
SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Space.--The Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) In General.--An employer shall provide--
``(1) a reasonable break time for an employee to express
breast milk for such employee's nursing child for 1 year after
the child's birth each time such employee has need to express
the milk; and
``(2) a place, other than a bathroom, that is shielded from
view and free from intrusion from coworkers and the public,
which may be used by an employee to express breast milk.
``(b) Compensation.--
``(1) In general.--Subject to paragraph (2), an employer
shall not be required to compensate an employee receiving
reasonable break time under subsection (a)(1) for any time
spent during the workday for such purpose unless otherwise
required by Federal or State law or municipal ordinance.
``(2) Relief from duties.--Break time provided under
subsection (a)(1) shall be considered hours worked if the
employee is not completely relieved from duty during the
entirety of such break.
``(c) Exemption for Small Employers.--An employer that employs less
than 50 employees shall not be subject to the requirements of this
section, if such requirements would impose an undue hardship by causing
the employer significant difficulty or expense when considered in
relation to the size, financial resources, nature, or structure of the
employer's business.
``(d) Exemption for Crewmembers of Air Carriers.--
``(1) In general.--An employer that is an air carrier shall
not be subject to the requirements of this section with respect
to an employee of such air carrier who is a crewmember
``(2) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the
meaning given such term in section 40102 of title 49,
United States Code.
``(B) Crewmember.--The term `crewmember' has the
meaning given such term in section 1.1 of title 14,
Code of Federal Regulations (or successor regulations).
``(e) Applicability to Rail Carriers.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a rail carrier shall be subject to the
requirements of this section.
``(2) Certain employees.--An employer that is a rail
carrier shall be subject to the requirements of this section
with respect to an employee of such rail carrier who is a
member of a train crew involved in the movement of a locomotive
or rolling stock or who is an employee who maintains the right
of way, provided that compliance with the requirements of this
section does not--
``(A) require the employer to incur significant
expense, such as through the addition of such a member
of a train crew in response to providing a break
described in subsection (a)(1) to another such member
of a train crew, removal or retrofitting of seats, or
the modification or retrofitting of a locomotive or
rolling stock; or
``(B) result in unsafe conditions for an individual
who is an employee who maintains the right of way.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense to
modify or retrofit a locomotive or rolling stock by installing
a curtain or other screening protection.
``(4) Definitions.--In this subsection:
``(A) Employee who maintains the right of way.--The
term `employee who maintains the right of way' means an
employee who is a safety-related railroad employee
described in section 20102(4)(C) of title 49, United
States Code.
``(B) Rail carrier.--The term `rail carrier' means
an employer described in section 13(b)(2).
``(C) Train crew.--The term `train crew' has the
meaning given such term as used in chapter II of
subtitle B of title 49, Code of Federal Regulations (or
successor regulations).
``(f) Applicability to Motorcoach Services Operators.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a motorcoach services operator shall be
subject to the requirements of this section.
``(2) Employees who are involved in the movement of a
motorcoach.--An employer that is a motorcoach services operator
shall be subject to the requirements of this section with
respect to an employee of such motorcoach services operator who
is involved in the movement of a motorcoach provided that
compliance with the requirements of this section does not--
``(A) require the employer to incur significant
expense, such as through the removal or retrofitting of
seats, the modification or retrofitting of a
motorcoach, or unscheduled stops; or
``(B) result in unsafe conditions for an employee
of a motorcoach services operator or a passenger of a
motorcoach.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense--
``(A) to modify or retrofit a motorcoach by
installing a curtain or other screening protection if
an employee requests such a curtain or other screening
protection; or
``(B) for an employee to use scheduled stop time to
express breast milk.
``(4) Definitions.--In this subsection:
``(A) Motorcoach; motorcoach services.--The terms
`motorcoach' and `motorcoach services' have the
meanings given the terms in section 32702 of the
Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136
note).
``(B) Motorcoach services operator.--The term
`motorcoach services operator' means an entity that
offers motorcoach services.
``(g) Notification Prior to Commencement of Action.--
``(1) In general.--Except as provided in paragraph (2),
before commencing an action under section 16(b) for a violation
of subsection (a)(2), an employee shall--
``(A) notify the employer of such employee of the
failure to provide the place described in such
subsection; and
``(B) provide the employer with 10 days after such
notification to come into compliance with such
subsection with respect to the employee.
``(2) Exceptions.--Paragraph (1) shall not apply in a case
in which--
``(A) the employee has been discharged because the
employee--
``(i) has made a request for the break time
or place described in subsection (a); or
``(ii) has opposed any employer conduct
related to this section; or
``(B) the employer has indicated that the employer
has no intention of providing the place described in
subsection (a)(2).
``(h) Interaction With State and Federal Law.--
``(1) Laws providing greater protection.--Nothing in this
section shall preempt a State law or municipal ordinance that
provides greater protections to employees than the protections
provided for under this section.
``(2) No effect on title 49 preemption.--This section shall
have no effect on the preemption of a State law or municipal
ordinance that is preempted under subtitle IV, V, or VII of
title 49, United States Code.''.
(b) Clarifying Remedies.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(a))--
(A) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(B) by adding at the end the following:
``(6) to violate any of the provisions of section 18D.'';
and
(2) in section 16(b) (29 U.S.C. 216(b)), by striking
``15(a)(3)'' each place the term appears and inserting
``15(a)(3) or 18D''.
(c) Authorizing Employees to Temporarily Obscure the Field of View
of an Image Recording Device on a Locomotive or Rolling Stock While
Expressing Breast Milk.--Section 20168(f) of title 49, United States
Code, is amended--
(1) by striking ``A railroad carrier'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), a
railroad carrier''; and
(2) by adding at the end the following:
``(2) Temporarily obscuring field of view of an image
recording device while expressing breast milk.--
``(A) In general.--For purposes of expressing
breast milk, an employee may temporarily obscure the
field of view of an image recording device required
under this section if the passenger train on which such
device is installed is not in motion.
``(B) Resuming operation.--The crew of a passenger
train on which an image recording device has been
obscured pursuant to subparagraph (A) shall ensure that
such image recording device is no longer obscured
immediately after the employee has finished expressing
breast milk and before resuming operation of the
passenger train.''.
SEC. 103. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made by section 102(a) shall
take effect on the date of enactment of this Act.
(b) Remedies and Clarification.--The amendments made by section
102(b) shall take effect on the date that is 120 days after the date of
enactment of this Act.
(c) Authorizing Employees to Temporarily Obscure the Field of View
of an Image Recording Device on a Locomotive or Rolling Stock While
Expressing Breast Milk.--The amendments made by section 102(c) shall
take effect on the date of enactment of this Act.
(d) Application of Law to Employees of Rail Carriers.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are members of a train crew involved in the
movement of a locomotive or rolling stock or who are employees
who maintain the right of way of an employer that is a rail
carrier until the date that is 3 years after the date of
enactment of this Act.
(2) Definitions.--In this subsection:
(A) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in
section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(B) Employees who maintains the right of way; rail
carrier; train crew.--The terms ``employee who
maintains the right of way'', ``rail carrier'', and
``train crew'' have the meanings given such terms in
section 18D(e)(4) of the Fair Labor Standards Act of
1938, as added by section 102(a).
(e) Application of Law to Employees of Motorcoach Services
Operators.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are involved in the movement of a motorcoach of
an employer that is a motorcoach services operator until the
date that is 3 years after the date of enactment of this Act.
(2) Definitions.--In this subsection:
(A) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in
section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(B) Motorcoach; motorcoach services operator.--The
terms ``motorcoach'' and ``motorcoach services
operator'' have the meanings given such terms in
section 18D(f)(4) of the Fair Labor Standards Act of
1938, as added by section 102(a).
DIVISION LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
SEC. 101. SHORT TITLE.
This division may be cited as the ``State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster Relief
Flexibility Act''.
SEC. 102. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR INFRASTRUCTURE
PROJECTS.
(a) In General.--Title VI of the Social Security Act (42 U.S.C. 801
et seq.), as amended by section 40909 of the Infrastructure Investment
and Jobs Act, is amended--
(1) in section 602--
(A) in subsection (a)(1), by inserting ``(except as
provided in subsection (c)(5))'' after ``December 31,
2024''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``paragraph (3)'' and inserting
``paragraphs (3), (4), and (5)'';
(II) by amending subparagraph (C)
to read as follows:
``(C) for the provision of government services up
to an amount equal to the greater of--
``(i) the amount of the reduction in
revenue of such State, territory, or Tribal
government due to the COVID-19 public health
emergency relative to revenues collected in the
most recent full fiscal year of the State,
territory, or Tribal government prior to the
emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by
striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the
following new subparagraph:
``(E) to provide emergency relief from natural
disasters or the negative economic impacts of natural
disasters, including temporary emergency housing, food
assistance, financial assistance for lost wages, or
other immediate needs.''; and
(ii) by adding at the end the following new
paragraph:
``(5) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (C),
notwithstanding any other provision of law, a State,
territory, or Tribal government receiving a payment
under this section may use funds provided under such
payment for projects described in subparagraph (B),
including, to the extent consistent with guidance or
rules issued by the Secretary or the head of a Federal
agency to which the Secretary has delegated authority
pursuant to subparagraph (C)(iv)--
``(i) in the case of a project eligible
under section 117 of title 23, United States
Code, or section 5309 or 6701 of title 49,
United States Code, to satisfy a non-Federal
share requirement applicable to such a project;
and
``(ii) in the case of a project eligible
for credit assistance under the TIFIA program
under chapter 6 of title 23, United States
Code--
``(I) to satisfy a non-Federal
share requirement applicable to such a
project; and
``(II) to repay a loan provided
under such program.
``(B) Projects described.--A project referred to in
subparagraph (A) is any of the following:
``(i) A project eligible under section 117
of title 23, United States Code.
``(ii) A project eligible under section 119
of title 23, United States Code.
``(iii) A project eligible under section
124 of title 23, United States Code, as added
by the Infrastructure Investment and Jobs Act.
``(iv) A project eligible under section 133
of title 23, United States Code.
``(v) An activity to carry out section 134
of title 23, United States Code.
``(vi) A project eligible under section 148
of title 23, United States Code.
``(vii) A project eligible under section
149 of title 23, United States Code.
``(viii) A project eligible under section
151(f) of title 23, United States Code, as
added by the Infrastructure Investment and Jobs
Act.
``(ix) A project eligible under section 165
of title 23, United States Code.
``(x) A project eligible under section 167
of title 23, United States Code.
``(xi) A project eligible under section 173
of title 23, United States Code, as added by
the Infrastructure Investment and Jobs Act.
``(xii) A project eligible under section
175 of title 23, United States Code, as added
by the Infrastructure Investment and Jobs Act.
``(xiii) A project eligible under section
176 of title 23, United States Code, as added
by the Infrastructure Investment and Jobs Act.
``(xiv) A project eligible under section
202 of title 23, United States Code.
``(xv) A project eligible under section 203
of title 23, United States Code.
``(xvi) A project eligible under section
204 of title 23, United States Code.
``(xvii) A project eligible under the
program for national infrastructure investments
(commonly known as the `Rebuilding American
Infrastructure with Sustainability and Equity
(RAISE) grant program').
``(xviii) A project eligible for credit
assistance under the TIFIA program under
chapter 6 of title 23, United States Code.
``(xix) A project that furthers the
completion of a designated route of the
Appalachian Development Highway System under
section 14501 of title 40, United States Code.
``(xx) A project eligible under section
5307 of title 49, United States Code.
``(xxi) A project eligible under section
5309 of title 49, United States Code.
``(xxii) A project eligible under section
5311 of title 49, United States Code.
``(xxiii) A project eligible under section
5337 of title 49, United States Code.
``(xxiv) A project eligible under section
5339 of title 49, United States Code.
``(xxv) A project eligible under section
6703 of title 49, United States Code, as added
by the Infrastructure Investment and Jobs Act.
``(xxvi) A project eligible under title I
of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
``(xxvii) A project eligible under the
bridge replacement, rehabilitation,
preservation, protection, and construction
program under paragraph (1) under the heading
`highway infrastructure program' under the
heading `Federal Highway Administration' under
the heading `DEPARTMENT OF TRANSPORTATION'
under title VIII of division J of the
Infrastructure Investment and Jobs Act.
``(C) Limitations; application of requirements.--
``(i) Limitation on amounts to be used for
infrastructure projects.--
``(I) In general.--The total amount
that a State, territory, or Tribal
government may use from a payment made
under this section for uses described
in subparagraph (A) shall not exceed
the greater of--
``(aa) $10,000,000; and
``(bb) 30 percent of such
payment.
``(II) Rule of application.--The
spending limitation under subclause (I)
shall not apply to any use of funds
permitted under paragraph (1), and any
such use of funds shall be disregarded
for purposes of applying such spending
limitation.
``(ii) Limitation on operating expenses.--
Funds provided under a payment made under this
section shall not be used for operating
expenses of a project described in clauses (xx)
through (xxiv) of subparagraph (B).
``(iii) Application of requirements.--
Except as otherwise determined by the Secretary
or the head of a Federal agency to which the
Secretary has delegated authority pursuant to
clause (iv) or provided in this section--
``(I) the requirements of section
60102 of the Infrastructure Investment
and Jobs Act shall apply to funds
provided under a payment made under
this section that are used pursuant to
subparagraph (A) for a project
described in clause (xxvi) of
subparagraph (B) that relates to
broadband infrastructure;
``(II) the requirements of titles
23, 40, and 49 of the United States
Code, title I of the Housing and
Community Development Act of 1974 (42
U.S.C. 5301 et seq.), and the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et. seq) shall apply to
funds provided under a payment made
under this section that are used for
projects described in subparagraph (B);
and
``(III) a State government
receiving a payment under this section
may use funds provided under such
payment for projects described in
clauses (i) through (xxvii) of
subparagraph (B), as applicable, that--
``(aa) demonstrate progress
in achieving a state of good
repair as required by the
State's asset management plan
under section 119(e) of title
23, United States Code; and
``(bb) support the
achievement of 1 or more
performance targets of the
State established under section
150 of title 23, United States
Code.
``(iv) Oversight.--The Secretary may
delegate oversight and administration of the
requirements described in clause (iii) to the
appropriate Federal agency.
``(v) Supplement, not supplant.--Amounts
from a payment made under this section that are
used by a State, territory, or Tribal
government for uses described in subparagraph
(A) shall supplement, and not supplant, other
Federal, State, territorial, Tribal, and local
government funds (as applicable) otherwise
available for such uses.
``(D) Reports.--The Secretary, in consultation with
the Secretary of Transportation, shall provide periodic
reports on the use of funds by States, territories, and
Tribal governments under subparagraph (A).
``(E) Availability.--Funds provided under a payment
made under this section to a State, territory, or
Tribal government shall remain available for obligation
for a use described in subparagraph (A) through
December 31, 2024, except that no amount of such funds
may be expended after September 30, 2026.''; and
(2) in subsection 603--
(A) in subsection (a), by inserting ``(except as
provided in subsection (c)(6))'' after ``December 31,
2024''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``paragraphs (3) and (4)'' and
inserting ``paragraphs (3), (4), (5),
and (6)'';
(II) by amending subparagraph (C)
to read as follows:
``(C) for the provision of government services up
to an amount equal to the greater of--
``(i) the amount of the reduction in
revenue of such metropolitan city,
nonentitlement unit of local government, or
county due to the COVID-19 public health
emergency relative to revenues collected in the
most recent full fiscal year of the
metropolitan city, nonentitlement unit of local
government, or county to the emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by
striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the
following new subparagraph:
``(E) to provide emergency relief from natural
disasters or the negative economic impacts of natural
disasters, including temporary emergency housing, food
assistance, financial assistance for lost wages, or
other immediate needs.''; and
(ii) by adding at the end the following new
paragraph:
``(6) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (B),
notwithstanding any other provision of law, a
metropolitan city, nonentitlement unit of local
government, or county receiving a payment under this
section may use funds provided under such payment for
projects described in subparagraph (B) of section
602(c)(5), including, to the extent consistent with
guidance or rules issued by the Secretary or the head
of a Federal agency to which the Secretary has
delegated authority pursuant to subparagraph (B)(iv)--
``(i) in the case of a project eligible
under section 117 of title 23, United States
Code, or section 5309 or 6701 of title 49,
United States Code, to satisfy a non-Federal
share requirement applicable to such a project;
and
``(ii) in the case of a project eligible
for credit assistance under the TIFIA program
under chapter 6 of title 23, United States
Code--
``(I) to satisfy a non-Federal
share requirement applicable to such a
project; and
``(II) to repay a loan provided
under such program.
``(B) Limitations; application of requirements.--
``(i) Limitation on amounts to be used for
infrastructure projects.--
``(I) In general.--The total amount
that a metropolitan city,
nonentitlement unit of local
government, or county may use from a
payment made under this section for
uses described in subparagraph (A)
shall not exceed the greater of--
``(aa) $10,000,000; and
``(bb) 30 percent of such
payment.
``(II) Rule of application.--The
spending limitation under subclause (I)
shall not apply to any use of funds
permitted under paragraph (1), and any
such use of funds shall be disregarded
for purposes of applying such spending
limitation.
``(ii) Limitation on operating expenses.--
Funds provided under a payment made under this
section shall not be used for operating
expenses of a project described in clauses (xx)
through (xxiv) of section 602(c)(5)(B).
``(iii) Application of requirements.--
Except as otherwise determined by the Secretary
or the head of a Federal agency to which the
Secretary has delegated authority pursuant to
clause (iv) or provided in this section--
``(I) the requirements of section
60102 of the Infrastructure Investment
and Jobs Act shall apply to funds
provided under a payment made under
this section that are used pursuant to
subparagraph (A) for a project
described in clause (xxvi) of section
602(c)(5)(B) that relates to broadband
infrastructure; and
``(II) the requirements of titles
23, 40, and 49 of the United States
Code, title I of the Housing and
Community Development Act of 1974 (42
U.S.C. 5301 et seq.), and the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et. seq) shall apply to
funds provided under a payment made
under this section that are used for
projects described in section
602(c)(5)(B).
``(iv) Oversight.--The Secretary may
delegate oversight and administration of the
requirements described in clause (iii) to the
appropriate Federal agency.
``(v) Supplement, not supplant.--Amounts
from a payment made under this section that are
used by a metropolitan city, nonentitlement
unit of local government, or county for uses
described in subparagraph (A) shall supplement,
and not supplant, other Federal, State,
territorial, Tribal, and local government funds
(as applicable) otherwise available for such
uses.
``(C) Reports.--The Secretary, in consultation with
the Secretary of Transportation, shall provide periodic
reports on the use of funds by metropolitan cities,
nonentitlement units of local government, or counties
under subparagraph (A).
``(D) Availability.--Funds provided under a payment
made under this section to a metropolitan city,
nonentitlement unit of local government, or county
shall remain available for obligation for a use
described in subparagraph (A) through December 31,
2024, except that no amount of such funds may be
expended after September 30, 2026.''.
(b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3) of
title VI of the Social Security Act (42 U.S.C. 802(c)(3), 803(c)(3))
are each amended by striking ``paragraph (17) of''.
(c) Guidance and Effective Date.--
(1) Guidance or rule.--Within 60 days of the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Transportation, shall issue
guidance or promulgate a rule to carry out the amendments made
by this section, including updating reporting requirements on
the use of funds under this section.
(2) Effective date.--The amendments made by this section
shall take effect upon the issuance of guidance or the
promulgation of a rule described in paragraph (1).
(d) Department of the Treasury Administrative Expenses.--
(1) Reduction of funds available for administrative
expenses.--Title IV of division A of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is
amended--
(A) in section 4003(f), by striking
``$100,000,000'' and inserting ``61,000,000''; and
(B) in section 4112(b), by striking
``$100,000,000'' and inserting ``$67,000,000''.
(2) Authority.--Notwithstanding any other provision of law,
the unobligated balances from amounts made available to the
Secretary of the Treasury (referred to in this subsection as
the ``Secretary'') for administrative expenses pursuant to the
provisions specified in paragraph (3) shall be available to the
Secretary (in addition to any other appropriations provided for
such purpose) for the purpose described in paragraph (4)
(subject to the limitation in such paragraph) and for
administrative expenses of the Department of the Treasury,
except for the Internal Revenue Service, determined by the
Secretary to be necessary to respond to the coronavirus
emergency, including any expenses necessary to implement any
provision of--
(A) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136);
(B) division N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260);
(C) the American Rescue Plan Act (Public Law 117-
2); or
(D) title VI of the Social Security Act (42 U.S.C.
801 et seq.).
(3) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Amounts made available under section 4027(a) of
the Coronavirus Aid, Relief, and Economic Security Act
(15 U.S.C. 9061(a)) to pay costs and administrative
expenses under section 4003(f) of such Act (15 U.S.C.
9042(f))) and amounts made available by section 4120(a)
of the Coronavirus Aid, Relief, and Economic Security
Act (15 U.S.C. 9080) to pay costs and administrative
expenses under section 4112(b) of such Act (15 U.S.C.
9072(b)) (after application of the amendments made by
paragraph (1) of this subsection).
(B) Section 421(f)(2) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260).
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and
7301(b)(5) of the American Rescue Plan Act of 2021
(Public Law 117-2).
(D) Section 602(a)(2) of the Social Security Act
(42 U.S.C. 802(a)(2)).
(4) Payments to eligible revenue sharing consolidated
governments.--Of amounts made available under paragraph (2), up
to $10,600,000 shall be available to the Secretary (in addition
to any other appropriations provided for such purpose) for
making payments to eligible revenue sharing consolidated
governments under subsection (g) of section 605 of the Social
Security Act (42 U.S.C. 805), as added by section 103 of this
Act.
SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING CONSOLIDATED
GOVERNMENTS FROM LOCAL ASSISTANCE AND TRIBAL CONSISTENCY
FUND.
(a) In General.--Section 605 of the Social Security Act (42 U.S.C.
805) is amended by adding at the end the following new subsection:
``(g) Payments to Eligible Revenue Sharing Consolidated
Governments.--
``(1) Payments to eligible revenue sharing consolidated
governments for fiscal years 2023 and 2024.--The Secretary
shall allocate and pay to each eligible revenue sharing
consolidated government for each of fiscal years 2023 and 2024
an amount equal to the amount that the Secretary would have
allocated to such eligible revenue sharing consolidated
government for fiscal year 2022 if all eligible revenue sharing
consolidated governments had been treated as eligible revenue
sharing counties for purposes of being eligible for payments
under subsection (b)(1) for such fiscal year using the
allocation methodology adopted by the Department of the
Treasury for such eligible revenue sharing counties as of the
date of enactment of this subsection.
``(2) Funding for payments.--
``(A) In general.--The Secretary shall make the
allocations and payments described in paragraph (1)
from the amounts described in subparagraph (B), which
shall be available to the Secretary for such purpose
notwithstanding any other provision of law.
``(B) Amounts described.--The amounts described in
this subparagraph are the following:
``(i) Any amount allocated to an eligible
revenue sharing county under subsection (b)(1)
for fiscal year 2022 or 2023 that, as of
January 31, 2023, has not been requested by
such county.
``(ii) Amounts made available to the
Secretary under section 102(d)(4) of the State,
Local, Tribal, and Territorial Fiscal Recovery,
Infrastructure, and Disaster Relief Flexibility
Act.''.
(b) Conforming Amendments.--Section 605 of the Social Security Act
(42 U.S.C. 805), as amended by subsection (a), is further amended--
(1) in subsection (a), by inserting ``, subject to
subsection (g),'' after ``obligated'';
(2) in subsection (c), by striking ``or an eligible Tribal
government'' and inserting ``, an eligible Tribal government,
or an eligible revenue sharing consolidated government'';
(3) in subsections (d) and (e), by inserting ``or eligible
revenue sharing consolidated government'' after ``eligible
revenue sharing county'' each place it appears; and
(4) in subsection (f)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following new paragraph:
``(1) Eligible revenue sharing consolidated government.--
The term `eligible revenue sharing consolidated government'
means a county, parish, or borough--
``(A) that has been classified by the Bureau of the
Census as an active government consolidated with
another government; and
``(B) for which, as determined by the Secretary,
there is a negative revenue impact due to
implementation of a Federal program or changes to such
program.''.
SEC. 104. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF FUND PAYMENTS
TO TRIBAL GOVERNMENTS.
Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3))
is amended by inserting ``(or, in the case of costs incurred by a
Tribal government, during the period that begins on March 1, 2020, and
ends on December 31, 2022)'' before the period.
SEC. 105. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS DECLINED
BY STATES, TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.
Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is
amended by adding at the end the following new section:
``SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, TERRITORIES, OR
OTHER GOVERNMENTAL ENTITIES.
``(a) Rescission.--
``(1) In general.--Subject to paragraphs (2) and (3), if a
State, territory, or other governmental entity provides notice
to the Secretary of the Treasury in the manner provided by the
Secretary of the Treasury that the State, territory, or other
governmental entity intends to decline all or a portion of the
amounts that are to be awarded to the State, territory, or
other governmental entity from funds appropriated under this
title, an amount equal to the unaccepted amounts or portion of
such amounts allocated by the Secretary of the Treasury as of
the date of such notice that would have been awarded to the
State, territory, or other governmental entity shall be
rescinded from the applicable appropriation account.
``(2) Exclusion.--Paragraph (1) shall not apply with
respect to funds that are to be paid to a State under section
603 for distribution to nonentitlement units of local
government.
``(3) Rules of construction.--Paragraph (1) shall not be
construed as--
``(A) preventing a sub-State governmental entity,
including a nonentitlement unit of local government,
from notifying the Secretary of the Treasury that the
sub-State governmental entity intends to decline all or
a portion of the amounts that a State may distribute to
the entity from funds appropriated under this title; or
``(B) allowing a State to prohibit or otherwise
prevent a sub-State governmental entity from providing
such a notice.
``(b) Use for Deficit Reduction.--Amounts rescinded under
subsection (a) shall be deposited in the general fund of the Treasury
for the sole purpose of deficit reduction.
``(c) State or Other Governmental Entity Defined.--In this section,
the term `State, territory, or other governmental entity' means any
entity to which a payment may be made directly to the entity under this
title other than a Tribal government, as defined in sections 601(g),
602(g), and 604(d), and an eligible Tribal government, as defined in
section 605(f).''.
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 101. IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES VICTIMS OF
STATE SPONSORED TERRORISM ACT.
(a) Short Title.--This section may be cited as the ``Fairness for
9/11 Families Act''.
(b) In General.--Section 404 of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), in the first sentence, by
inserting ``and during the 1-year period beginning on
the date of enactment of the Fairness for 9/11 Families
Act, the Special Master may utilize an additional 5
full-time equivalent Department of Justice personnel''
before the period at the end; and
(B) in paragraph (2)(A), by inserting ``Not later
than 30 days after the date of enactment of the
Fairness for 9/11 Families Act, the Special Master
shall update, as necessary as a result of the enactment
of such Act, such procedures and other guidance
previously issued by the Special Master.'' after the
period at the end of the second sentence;
(2) in subsection (c)(3)(A), by striking clause (ii) and
inserting the following:
``(ii) Not later than 90 days after the
date of obtaining a final judgment, with regard
to a final judgment obtained on or after the
date of that publication, unless--
``(I) the final judgment was
awarded to a 9/11 victim, 9/11 spouse,
or 9/11 dependent before the date of
enactment of the United States Victims
of State Sponsored Terrorism Fund
Clarification Act, in which case such
United States person shall have 90 days
from the date of enactment of such Act
to submit an application for payment;
or
``(II) the final judgment was
awarded to a 1983 Beirut barracks
bombing victim or a 1996 Khobar Towers
bombing victim before the date of
enactment of the Fairness for 9/11
Families Act, in which case such United
States person shall have 180 days from
the date of enactment of such Act to
submit an application for payment.'';
(3) in subsection (d)--
(A) in paragraph (3)(B), by adding at the end the
following:
``(iii) For the purposes of clause (i), the
calculation of the total compensatory damages
received or entitled or scheduled to be
received by an applicant who is a 1983 Beirut
barracks bombing victim or a 1996 Khobar Towers
bombing victim from any source other than the
Fund shall include the total amount received by
the applicant as a result of or in connection
with the proceedings captioned Peterson v.
Islamic Republic of Iran, No. 10 Vic. 4518
(S.D.N.Y.), or the proceedings captioned In Re
650 Fifth Avenue & Related Properties, No. 08
Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), such
that any such applicant who has received or is
entitled or scheduled to receive 30 percent or
more of such applicant's compensatory damages
judgment as a result of or in connection with
such proceedings shall not receive any payment
from the Fund, except in accordance with the
requirements of clause (i), or as part of a
lump-sum catch-up payment in accordance with
paragraph (4)(D).''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``(B)
and (C)'' and inserting ``(B), (C), and (D)'';
(ii) in subparagraph (C), by adding at the
end the following:
``(iv) Authorization.--
``(I) In general.--The Special
Master shall authorize lump sum catch-
up payments in amounts equal to the
amounts described in subclauses (I),
(II), and (III) of clause (iii).
``(II) Appropriations.--
``(aa) In general.--There
are authorized to be
appropriated and there are
appropriated to the Fund such
sums as are necessary to carry
out this clause, to remain
available until expended.
``(bb) Limitation.--Amounts
appropriated pursuant to item
(aa) may not be used for a
purpose other than to make lump
sum catch-up payments under
this clause.''; and
(iii) by adding at the end the following:
``(D) Lump sum catch-up payments for 1983 beirut
barracks bombing victims and 1996 khobar towers bombing
victims.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Fairness for
9/11 Families Act, and in accordance with
clauses (i) and (ii) of paragraph (3)(A), the
Comptroller General of the United States shall
conduct an audit and publish in the Federal
Register a notice of proposed lump sum catch-up
payments to the 1983 Beirut barracks bombing
victims and the 1996 Khobar Towers bombing
victims who have submitted applications in
accordance with subsection (c)(3)(A)(ii)(II) on
or after such date of enactment, in amounts
that, after receiving the lump sum catch-up
payments, would result in the percentage of the
claims of such victims received from the Fund
being equal to the percentage of the claims of
non-9/11 victims of state sponsored terrorism
received from the Fund, as of such date of
enactment.
``(ii) Public comment.--The Comptroller
General shall provide an opportunity for public
comment for a 30-day period beginning on the
date on which the notice is published under
clause (i).
``(iii) Report.--Not later than 30 days
after the expiration of the comment period in
clause (ii), the Comptroller General of the
United States shall submit to the Committee on
the Judiciary and the Committee on
Appropriations of the Senate, the Committee on
the Judiciary and the Committee on
Appropriations of the House of Representatives,
and the Special Master a report that includes
the determination of the Comptroller General
on--
``(I) the amount of the proposed
lump sum catch-up payment for each 1983
Beirut barracks bombing victim;
``(II) the amount of the proposed
lump sum catch-up payment for each 1996
Khobar Towers bombing victim; and
``(III) amount of lump sum catch-up
payments described in subclauses (I)
and (II).
``(iv) Lump sum catch-up payment reserve
fund.--
``(I) In general.--There is
established within the Fund a lump sum
catch-up payment reserve fund, to
remain in reserve except in accordance
with this subsection.
``(II) Authorization.--Not earlier
than 90 days after the date on which
the Comptroller General submits the
report required under clause (iii), and
not later than 1 year after such date,
the Special Master shall authorize lump
sum catch-up payments from the reserve
fund established under subclause (I) in
amounts equal to the amounts described
in subclauses (I) and (II) of clause
(iii).
``(III) Appropriations.--
``(aa) In general.--There
are authorized to be
appropriated and there are
appropriated to the lump sum
catch-up payment reserve fund
$3,000,000,000 to carry out
this clause, to remain
available until expended.
``(bb) Limitation.--Except
as provided in subclause (IV),
amounts appropriated pursuant
to item (aa) may not be used
for a purpose other than to
make lump sum catch-up payments
under this clause.
``(IV) Expiration.--
``(aa) In general.--The
lump sum catch-up payment
reserve fund established by
this clause shall be terminated
not later than 1 year after the
Special Master disperses all
lump sum catch-up payments
pursuant to subclause (II).
``(bb) Remaining amounts.--
All amounts remaining in the
lump sum catch-up payment
reserve fund in excess of the
amounts described in subclauses
(I) and (II) of clause (iii)
shall be deposited into the
Fund under this section.'';
(4) in subsection (e)(2)(B), by adding at the end the
following:
``(v) Exception for 1983 beirut barracks
bombing victims and 1996 khobar towers bombing
victims.--Nothing in this subparagraph shall
apply with respect to--
``(I) a 1983 Beirut barracks
bombing victim or a 1996 Khobar Towers
bombing victim who submits an
application under subsection
(c)(3)(A)(ii)(II) on or after the date
of enactment of the Fairness for 9/11
Families Act; or
``(II) the assets, or the net
proceeds of the sale of properties or
related assets, attributable to a
person described in subclause (I).'';
and
(5) in subsection (j), by adding at the end the following:
``(15) 1983 beirut barracks bombing victim.--The term `1983
Beirut barracks bombing victim'--
``(A) means a plaintiff, or estate or successor in
interest thereof, who has an eligible claim under
subsection (c) that arises out of the October 23, 1983,
bombing of the United States Marine Corps barracks in
Beirut, Lebanon; and
``(B) includes a plaintiff, estate, or successor in
interest described in subparagraph (A) who is a
judgment creditor in the proceedings captioned Peterson
v. Islamic Republic of Iran, No. 10 Vic. 4518
(S.D.N.Y.), or a Settling Judgment Creditor as
identified in the order dated May 27, 2014, in the
proceedings captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17,
2008).
``(16) 1996 khobar towers bombing victim.--The term `1996
Khobar Towers bombing victim'--
``(A) means a plaintiff, or estate or successor in
interest thereof, who has an eligible claim under
subsection (c) that arises out of the June 25, 1996
bombing of the Khobar Tower housing complex in Saudi
Arabia; and
``(B) includes a plaintiff, estate, or successor in
interest described in subparagraph (A) who is a
judgment creditor in the proceedings captioned Peterson
v. Islamic Republic of Iran, No. 10 Vic. 4518
(S.D.N.Y.), or a Settling Judgment Creditor as
identified in the order dated May 27, 2014, in the
proceedings captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17,
2008).''.
(c) GAO Report on Funding for the United States Victims of State
Sponsored Terrorism Fund.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report evaluating ways to increase deposits
into the United States Victims of State Sponsored Terrorism Fund
established under paragraph (1) of section 404(e) of the Justice for
United States Victims of State Sponsored Terrorism Act (34 U.S.C.
20144(e)) (in this subsection referred to as the ``Fund''), including
assessing the advisability and effect of--
(1) expanding the scope of the criminal offenses for which
funds, and the net proceeds from the sale of property,
forfeited or paid to the United States are deposited in the
Fund under paragraph (2)(A)(i) of such section;
(2) expanding the scope of the civil penalties or fines for
which funds, and the net proceeds from the sale of property,
forfeited or paid to the United States are deposited in the
Fund under paragraph (2)(A)(ii) of such section to include
civil penalties or fines imposed, including as part of a
settlement agreement, on an entity for providing material
support to an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(3) increasing to 100 percent the percentage of funds, and
the net proceeds from the sale of property, forfeited or paid
to the United States as a civil penalty or fine that are
deposited in the Fund under paragraph (2)(A)(ii) of such
section.
(d) Rescissions.--
(1) Business loans program account.--Of the unobligated
balances of amounts made available under the heading ``Small
Business Administration--Business Loans Program Account, CARES
Act'', for carrying out paragraphs (36) and (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)),
$4,954,772,000 are hereby rescinded.
(2) Shuttered venue operators grant.--Of the unobligated
balances of amounts made available under the heading ``Small
Business Administration--Shuttered Venue Operators'', for
carrying out section 324 of division N of the Consolidated
Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are
hereby rescinded.
(3) Aviation manufacturing payroll support program.--Of the
unobligated balances of amounts made available under section
7202 of the American Rescue Plan Act of 2021 (15 U.S.C. 9132),
$568,228,000 are hereby rescinded.
Attest:
Secretary.
117th CONGRESS
2d Session
H.R. 2617
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SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT